Chapter 2 -Intro To Law &

Legal Reasoning

This is only an overview of the “Black Letter”

law !

This is a cursory inspection of the legal system outlined in broad strokes only. Our time constraints do not allow us to general address exceptions, specifics etc…..

Why do many American’s doubt the fairness of our legal system??

• Improper influences• Outrageous results..

The OJ trials--a pursuit of justice?Did we find justice?

Did viewing the trial on T.V. help the public’s perception of our justice

system?

World Legal Systems (for our World Legal Systems (for our purposes)purposes)

““Common Law”Common Law” – Stems from England and gives the power – Stems from England and gives the power to judges to “make law” and also the legislature can “make to judges to “make law” and also the legislature can “make law”. Countries generally colonized by the English adopted law”. Countries generally colonized by the English adopted this system (USA, Canada, Caribbean Islands, Australia this system (USA, Canada, Caribbean Islands, Australia etc…)etc…)

““Civil Law”Civil Law” –Stems from ancient Greece and Roman Empires –Stems from ancient Greece and Roman Empires and it is a detailed system of codes. Judges in these and it is a detailed system of codes. Judges in these countries cannot “make law” but can only apply it. countries cannot “make law” but can only apply it. Countries settled by Spain, Germany, Portugal and almost all Countries settled by Spain, Germany, Portugal and almost all of Europe are Civil Law Countries. The predominate number of Europe are Civil Law Countries. The predominate number of people in the world live under this type of legal system. of people in the world live under this type of legal system. (All of Europe except England, all of Central and South (All of Europe except England, all of Central and South America except British Common Wealth states, Japan, many America except British Common Wealth states, Japan, many parts of Asia and Africa.)parts of Asia and Africa.)

““Islamic Law”Islamic Law” Middle Eastern Countries have this system Middle Eastern Countries have this system which is highly rooted in religious documents. It is a minority which is highly rooted in religious documents. It is a minority system found in countries like Jordan, Egypt, Iraq, Iran, Saudi system found in countries like Jordan, Egypt, Iraq, Iran, Saudi ArabiaArabia

Why do we have laws?

• Maintain Order: to prevent harm by imposing certain rules on all people and to add to a sense of predictability to business

transactions.• Resolve Disputes: to

resolve conflicts that inevitably

will arise.

• Safeguard Predominate Values: Majority of Americans have a collective “value” system and our laws protect and encourage these “values” or social norms.

• Guarantees “Rule of Law” Laws preserve fundamental freedoms and ‘due process’ which we as Americans deem worthy of our highest regards!

The ability to changeis an important test of a

legal system to accommodateour changing society.

(right to die, cloning, internet)

Sources of our law• Legislative: Laws can be found in our constitutions, statutes,

and regulatory rules are enacted in some way.– Pro---voice of the people, reflect society’s values, able to vote the

“rascals” out if they pass offensive laws, avenue of the public to participate in the law making.

– Con--what about the minority’s rights? Or prejudice by the majority?,

corruption of the legislature, partisan politics, • Case Law: Courts are also a source of laws following the “stare

decisis” principle & common law (ad-hoc basis). Or courts can use the process called judicial activism to make new laws.– Pro--Independent judiciary, able to act when legislature can not, protect

the minority rights.– Con--Not necessarily voted in by the people, corruption, slow moving,

costly system

Classifications of Law

Substantive law Procedural law

Common Law Statutory law

Public law Private law

Civil law Criminal law

Classifications of LawSubstantive and Procedural Law: Substantive laws create & identify legal rights and obligations which all people and business entities have; procedural laws define or explain how to carry out or invoke these rights. Case Law: Court decisions in which the judges can “make law” through interpretation or through judicial activism. This is sometimes called common lawStatutes: Legislative materials that are voted and passed by elected officials. These could be on a municipal, county, state or federal level. On a municipal and county level they are often called “city codes and ordinances” On a state level they are often called “codes or statutes”. On a federal level they are often called the United States Code.Public Law and Private Law: When citizens and the government have a dispute, public laws define their rights and obligations like criminal law, constitutional law etc…. When private citizens or business entities have a dispute, then public law applies, like contract law, UCC, family law etc..Civil Law and Criminal Law: Civil law deals with rights and obligations not dealing with criminal activities. Criminal law deals with wrongs against the state. One of the main differences here is that the standard of proof in a civil case is “by preponderance of the evidence” and the criminal law standard is “beyond a reasonable doubt”

These Contract Clauses Start in Chapter 3 Materials