Chapter 1: Introduction to Law

What is tthe role of Law in society?

• The law touches nearly everything

• Law is essential(every society of which we have any record has had some system of law)

• Law is fascinating

• Law is a big part of our lives, and it is wise to know something about it.

Where do principles and rules of law come from?

Many different sources, especially English roots.

What is the doctrine of precedent?

A legal principle that requires judges to decide current cases based on previous rulings.

Why is precedent important in American law?

It is the heart of American common law and ensures predictability in legal decisions.

What makes up the common law?

Accumulation of precedent, based on case after case makes up the common law.

Common law is ______ made law.

Common law is judge-made law.

How is American law described in terms of its origins?

American law is a blend of English and other principles and a zeal and determination for change

What is considered America’s greatest legal achievement?

The United States Constitution.

What is the supreme law of the land in the U.S.?

The Constitution.

What are the three basic things the U.S. Constitution does?

• Establishes national government-three branches

• Creates a system of checks and Balances

• Guarentees many basic rights to the American people

What are the three branches of government?

Legislative, excecutive and judicial

What does the legslative branch do?

create new laws

What does the excecutive branch do?

enforce laws

What does the judicial branch do?

interpet laws and determine their validity

What power does the President have over Congressional legislation?

The President can veto legislation passed by Congress.

What power does Congress have over the President?

Congress can impeach the President.

Who determines who serves as judges in the federal courts?

The President and Congress

What power does the Supreme Court have over Congress?

The Supreme Court can void laws passed by Congress (declare them unconstitutional).

Where do principles and rules of law come from in the U.S.?

They come from many different sources.

What role does the Washington government play in law?

It creates and enforces laws throughout the entire nation.

50 state governments excersise what

The 50 state governments exercise great power in local affairs.

citizens enjoy constitutional protection from what kind of govts

state and federal governments

overlapping authority creates

legal complexity

where are fundamental rights found

For the most part they are found in the Amendments to The Constitution

what is a statute

A law created by a legislature

what is a bill

a legislative proposal for a new law

Who passes federal statues?

congress

in federal statutes passed by congress, the president can veto the bill and

The bill does not become law unless Congress overrides the veto with a 2/3 majority vote in each house.

Common Law (JUDGE-MADE LAW)

The principle that precedent is binding on later cases is stare decisis, which means “let the decision stand”.Precedent is only binding on lower courts.

What makes the common law work

Reliance on precedent over time

Court Orders

Judges have authority to issue court orders placing binding obligations on specific people or businesses

Administrative Law

–Administrative agencies do the day-to-day work of the legislative and executive branches

–Agencies often end up with complex legal structures of their own

–Agencies have the power to create laws called regulations

Treaties

President can enter treaties, must be ratified by a two-thirds vote of The United States Senate

Criminal law

Law that prohibits certain behavior for the benefit of society. •The government prosecutes the wrongdoer.Can be fines, prison time or both

Civil law

regulates rights and duties between parties

Important Point

One event can be the basis for both civil and criminal lawsuits

Law is different from morality, yet the two are obviously linked

T OR F

T

What is jurisprudence?

The philosophy of law.

What is legal positivism?

The belief that law is what the sovereign says it is.

Who is the “sovereign” in legal positivism?

The recognized political power whom citizens obey.

What does legal positivism say about morality?

It leaves no room for questions of morality—only the law matters.

What does natural law say about unjust laws?

An unjust law is no law at all and does not need to be obeyed.

What is a key principle of natural law according to Saint Thomas Aquinas?

“Good is to be done and promoted, and evil is to be avoided.”

What is the main idea of legal realism?

What really matters is who enforces the law and how it is enforced.