Chapter 1:

Introduction to Law
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Topics Covered in this Chapter
1-1 Nature of Law
1-2 Classification of Law
1-3 Sources of Law
1-4 Legal Analysis

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 Nature of Law
• Definition of Law – “a rule of civil conduct
prescribed by the supreme power in a
state, commanding what is right, and
prohibiting what is wrong” (Blackstone).

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 Nature of Law
• Functions of Law – to maintain stability in
the social, political, and economic system
through dispute resolution, protection of
property, and the preservation of the state,
while simultaneously permitting ordered
change.

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 Nature of Law
• Legal Sanctions – are means by which the
law enforces the decisions of the courts.

• Law and Morals – are different but

overlapping; law provides sanctions, while
morals do not.

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 Nature of Law
• Law and Justice – are separate and
distinct concepts; justice is the fair,
equitable, and impartial treatment of
competing interests with due regard for the
common good.

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 Law and Morals

MORALS
LAW “You should not
“You must drive BOTH
silently stand by
on the right side “Thou
and watch a blind
of the road.” shall not
man walk off a
cliff.”
kill.”

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 Classification of Law
• Substantive and Procedural Law
– Substantive - law creating rights
and duties.
– Procedural - rules for enforcing
substantive law.

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 Classification of Law
• Public and Private Law
– Public - law dealing with the
relationship between government
and individuals.
– Private - law governing the
relationships among individuals
and legal entities.

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 Classification of Law
• Civil and Criminal Law
– Civil - law dealing with rights and
duties the violation of which
constitutes a wrong against an
individual or other legal entity
– Criminal - law establishing duties
which, if violated, constitute a wrong
against the entire community.
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 Classification of Law
Public Constitutional Law
Law Criminal Law
Administrative Law

Substantive
Law Torts
Private Contracts
OR Law Sales
Commercial Paper
Agency
Procedural Partnerships
Law Methods of Corporations
enforcement Property
(courts)
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Comparison of Civil & Criminal Law
Civil Law Criminal Law
Commencement of Aggrieved individual State or federal
Action (plaintiff) sues government prosecutes

Purpose Compensation Punishment

Deterrence Deterrence
Rehabilitation
Preservation of peace
Burden of Proof Preponderance of the Beyond a reasonable
evidence doubt

Outcome Liable/Not liable Guilty/Not guilty

Principal Sanctions Monetary damages Capital punishment

Equitable remedies Imprisonment
Fines

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 Sources of Law
• Constitutional Law - fundamental law
of a government establishing its
powers and limitations.

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 Sources of Law
• Judicial Law - 
– Common Law - body of law developed by the
courts and Equity based upon principles
distinct from common law and providing
remedies not available at law.
– Equity Law – body of law based upon
principles distinct from common law and
providing remedies not available at law.

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 Sources of Law
• Legislative Law - statutes adopted by
legislative bodies; includes Treaties
and Executive Orders. 
• Administrative Law - rules,
regulations, orders, and decisions
made by administrative agencies.

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 Hierarchy of Law
U.S. Constitution

Treaties Federal Statutes

Federal Administrative Law

Federal Common Law

State Constitution

State Statutes

State Administrative Law

State Common Law

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 Legal Analysis
• Decisions in State trial courts are
generally not reported or published. 
• Reports - Decisions of State courts of
appeals are published in
consecutively numbered volumes.
• Court decisions are found in the
official State reports of most States.

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