Professional Documents
Culture Documents
INTRODUCTION
Dr. Donald L. Carper
Law is powerful
Affects all people, from CEOs to children Affects most of life, from work to leisure
But which is more important -- written law or the people who enforce it?
Law is important
Law is fascinating
To examine law is to examine social life One person alone does not require law
Whatever definition of law chosen there exists a set of rules or general standards of conduct, established and enforced by government officials. Law consists of
Nature
SUBSTANTIVE LAW: General principles and detailed rules defining legal rights and duties. Example of a substantive law Definition of minor: a person below the age of legal competence. For most purposes, in most states, minority ends at age 18. For some purposes, such as the purchase and consumption of alcoholic beverages, it may end later, up to the age 21.
Rules of evidence such as the hearsay rule Method of filing a lawsuit such as the requirement of a complaint and service of summons To be able to seize assets of a judgment debtor the law requires a creditor to file an affidavit as to the debtors ownership of any assets to be seized
EXAMPLES
Substantive law
Agency
Procedural law
Administrative procedure
Contracts
Criminal law Partnerships Torts
Appellate procedure
Criminal procedure Evidence Civil procedure
EXAMPLES
Substantive law
Agency Contracts Criminal law Partnerships
Procedural law
Administrative procedure Appellate procedure Criminal procedure Evidence
Torts
Civil procedure
COMMON LAW
STATUTORY LAW
Creation
Judicial branch through decisions in cases appearing before the courts Rules found in official fact patterns & decisions of prior cases
Form
Codified text
Scope
Single Legislative enactment. A completed and signed bill. Statute indexed by subject matter or a comprehensive statute City or County Statute
CODE
ORDINANCE
Equity
Equity: A civil trial held without a jury when relief sought by the plaintiff is equitable in nature, such as an injunction, or a divorce or dissolution of a marriage. Other than equity: Often referred to as the common law.
Equity
Subject Matter
Family law, matter juvenile, probate trusts, foreclosure, when remedy it law is inadequate No jury-chancellor of trial makes findings and a issues degree Specific performance, injunction, recission, restitution, reformation
Contempt of court
SOURCES OF LAW
Constitutional law Treaties Administrative law Statutory law Case law Federal law State law
Constitutional
State constitutions are supreme within their own borders to the extent that they do not violate The U.S. Constitution or are inconsistent is the Supreme Law with the U.S. of The United States. Constitution or other federal law.
SOURCE TREATIES
DESCRIPTION
Agreements With Foreign Nations made by the President and ratified by a 2/3 vote of the Senate. An Exclusive Federal Function.
SOURCE
DESCRIPTION
STATUTORY LAW
Neither Federal Nor State Statutes are Valid if in-consistent with the U.S. Constitution.
State Statutory Law is invalid if inconsistent with its Constitution. Uniform Statutes Create uniform State Law in those adopting States.
Administrative Law
DESCRIPTION Law Concerned with the power and actions of Administrative agencies at all levels of government. Enabling Legislation from the U.S. Congress create federal administrative agencies. Also created at State and local levels of government. Agency functions include: Rule-making Investigation Enforcement, & Adjudication.
COMMON LAW
DESCRIPTION
Use of past judicial decisions and reasoning through the application of the doctrine of stare decisis-the rule of precedent-in deciding cases. Originated in England. Applies to situations not otherwise covered by statutory law.
COMMON LAW
DESCRIPTION
Use of past judicial decisions and reasoning through the application of the doctrine of stare decisis-the rule of precedent-in deciding cases. Originated in England. Applies to situations not otherwise covered by statutory law.