Chapter 1: Law & Morals

Bus Law

Nature of law

Continuous development of workable set of rules that balance the individual and group rights of society

Law

Supreme power in a state, commanding what is right, and prohibiting what is wrong

What is the primary function of law?

Maintain stability in the social, political, and economic system while permitting change. For instance, dispute resolution, protection of property, and preservation of the state.

Moral vs. Legal

Classification of Law

Defintion of “Right'“

A person has the ability to require themselves or another person(s) to perform, or to refrain from performing a certain act

Defintion of “Duty”

The obligation the law imposes upon a person to perform.

Public Law

Law dealing with the relationship between government and individuals

Private Law

Law governing the relationships among individuals and legal entities

Civil Law is a part of…

Private law is a part of..

Criminal law is a part of…

Public law is a part of…

Substantive law

Law creating rights and duties

Procedural law

Rules for enforcing substantive law

Sources of Law

Constitution, Statutes, Administrative regulations, Common Law

Statutes

Written law, passed by legislatures, defining rights, obligations, and prohibitions

Common law

Relies on precedents (past experience) from past cases to guide decisions in similar, future cases