Chapter One: Our Laws Lessons: 1-1 Our Laws & Legal System 1-2 Types of Laws
HOT DEBATE? 1) Who was at fault? 2) What arguments would Betty s attorney present at the civil trial to determine who was negligent? 3) What arguments would Wilma s attorney present?
Lesson 1-1 Goals Explain the stages in the evolution of law Describe the differences between common law and positive law Describe the difference between law courts and equity courts
What is law? - Enforceable rules of conduct in a society. - Reflect the culture and circumstances that create them. - Can be grouped into organized forms (codes)
Stages in the growth of law evolution of law #1 Revenge #2 Awards of money & goods instead of revenge #3 Introduction of courts #4 Introduction of authority figures to prevent & punish
Common Law vs. Laws reflect wisdom- or lack of it Best systems are flexible- evolving Laws based on current standards or customs of the people are called common laws. Laws that are established or passed down by a central authority to prevent wrongs are called positive laws. Positive Law
What s Your Verdict? The labor strike is in its fifth bitter week. The strikers are tense and angry. The workers who remain on the job are both angry and fearful about the situation. For several days nearly a thousand picketers gather at the company s main gate. They are chanting slogans and jeering those who enter the plant. The crowd begins to throw rocks at the workers who cross the picket line. Then a company truck is set on fire and destroyed. What powers do the courts have that would be useful in this situation? -injunction or awards of money for loss of truck
Injunction An order that restrains a person from beginning or continuing an action threatening or invading the legal right of another. An order to cease & desist Create a list of MODERN DAY references in which an injunction is important.
English common law 2 great systems of laws in the world: English Common Law and Roman Civil Law 49 of the 50 US states are based on English Common Law and are written, well-organized, comprehensive sets of statutes in code form. What state do you think is the odd ball? Why? The primary difference is that only those things that are explicitly outlined in the statutes are subject to intervention by the judicial branch; if it's not outlined by statute, you can't take someone to court for it.
Barons? Before common law, barons were used to settle disputes, locally. Each baron had their own opinion, their own sense of justice, and their own wants.
King s Court ~1150, King Henry II decided to appoint Baron judges that either did a ride circuit or held court in London at the King s Bench Baron courts heard local cases, King s court had jurisdiction Jurisdictionthe power to decide a case
Jury King Henry recognized that it was important to decide the court in harmony with customs of the people and empanelled citizens to help interpret the customs. This slowly evolved into our modern-day jury; only common law systems have juries.
Let s see an example! How early systems of English Common Law worked
Advantages? Process was repeated, developing a web of custom-based common lawuniformity Model for legal systems world-wide because of it s ability to adapt to changes in society
Equity: an alternative to common law English common law followed precedent (courts used prior cases as a guide for deciding similar new cases), which provided stability. Disadvantages: (a) rigid adherence- typos would nullify the document, (b) limited to awards of money as remedy- could not be proactive
However you could petition the King for help instead of going to court. The King would refer you to a Chancellor, or clergyman respected for his equity or fairness. He would conduct a hearing, without a jury, in which he could order injunctions to be proactive. This eventually evolved into Equity Courts that all could go to to prevent wrongs from occurring.
Think about legal concepts Answer the following questions about legal concepts: 1. Substitutions of damages for revenge is the first stage in the evolution of law. True or false? 2. The two systems of law in use today are the English common Law and the (a) American Constitution (b) French legal code (c) Roman common law (d) none of the above. 3. A remedy of the English courts of law was the (a) injunction (b) court order (c) disputation (d) none of the above. 4. Louisiana is the only one of our 50 states whose law was not originally based on the English common law system. True or false? 5. Most American law courts can either use damages or an injunction or both as remedies in civil cases. True or false?
Think critically about evidence 6. You are on your daily job when a car negligently pulls out in front of you. Unable to stop, you run into it and injure yourself. Should you be able to recover damages for the harm done to you? 7. The driver of the car from question 6 becomes abusive towards you after your recovery. The driver follow you on your jogs and yells threats at you. He has recently taken to driving very close to you as you jog. What can you do to legally to make him stay away from you?
8. Cracked Mirror, a locally well-known rock group, contracts to play your high school prom. A week before the dance, the group cancels its appearance. A teacher finds out that the band took the opportunity to perform in a concert that will pay them $800 more. The class president s mother is an attorney and offers her services to the school. If you sue the band for damages, what would be an appropriate amount and why 9. From question 8, could you fashion an equitable remedy that might prompt Cracked Mirror to decide to keep its commitment to play at your prom?