Intro to law slidesquiz

What is Law?

  • Definition

    • System of rules recognized as regulating the actions of members within a country or community.

    • enforceable by penalties.

  • Types of Laws

    • Rules defining procedure or behavior in sports.

    • Rules or sets made by legislative bodies regulating governing relationships and conduct among subjects.

Types of Law

  • Religious Laws

  • Government Laws

  • Organizational Rules

Social Law

  • Applicable laws, rules, or regulations in various jurisdictions.

  • Areas affected:

  • Labor

  • Social security

  • Industrial relations

  • Health and safety regulations

  • Public participation regulations

  • Land and property rights

  • Protection of indigenous peoples and cultural heritage.

  • Employee and citizen protection laws.

Historical Legal Codes

  • Hammurabi's Code

    • Established by Hammurabi, King of Babylon (1792-1750 BC)

    • Composed of 282 of the king's rulings.

  • Justinian Code

    • Compiled in the sixth century by the Byzantine Roman Emperor,

    • First major codification of Roman law.

  • Magna Carta

    • Royal charter of rights (1215) granted by King John of England.

Sources of American Law

  • Primary Sources

    • U.S. Constitution

    • Treaties

    • Statutes

    • Federal and State Administrative Rules and Regulations.

    • Common law

U.S. Constitution

  • Comprised of 27 amendments, including the Bill of Rights.

  • Contains both adopted and unadopted amendments, outlining strict regulatory frameworks for congressional districts and citizenship.

  • Notable unratified amendments include child labor regulations and the Equal Rights Amendment.

Legal Analysis Process

  • Issue: Definition of the relevant legal issue.

  • Rule: Identification of applicable legal principles.

  • Application: Argument development by applying rules to facts.

  • Conclusion: Arriving at a reasoned conclusion.

Legal Personnel

  • Key players in legal processes:

    • Judges

    • Administrative Law Judges

    • Arbitrators

    • Mediators

    • Prosecutors

    • Defense Counsel

    • Court Clerks and Law Clerks

    • Bailiffs and Court Reporters

    • Law Enforcement

    • Witnesses and Expert Witnesses

    • Jurors

Federalism

  • Definition: A form of government that divides governing powers between a central government and regional governments.

Federal Law Hierarchy

  • Sources include:

    • U.S. Constitution, Treaties, Federal Statutes, Federal Administrative Rules, Presidential Executive Orders.

Amendment X

  • Powers not delegated to the U.S. by the Constitution are reserved for the states or people.

Congress Powers (Article I, § 8)

  • Authority to lay taxes, borrow money, regulate commerce, establish a uniform rule of naturalization, and more, for the general welfare of the United States.

Implied Powers

  • Sometimes not explicitly mentioned but are necessary for carrying out express powers.

  • Historical examples: M'Culloch v. Maryland expanded Congressional powers through interpretation.

Jurisdiction and Court Systems

  • Original Jurisdiction: First level of court authority to hear a case.

    • Examples include federal district courts and state trial courts.

  • Appellate Jurisdiction: Power to reverse or modify lower court decisions.

  • Exclusive Jurisdiction: Some matters can only be heard by specific courts, like bankruptcy cases.

Legal Reasoning Steps

  • Questions of Law vs. Fact: Identifying what is a legal issue versus a factual determination.

  • Appellate Process: Overview of how appellate courts operate, including the review of lower court records.

Criminal vs. Civil Law

  • Criminal Law: Defines offenses against society, prosecution by government entities.

  • Civil Law: Regulates rights between individuals or organizations and typically involves duty and liability assessments.

Torts

  • Definition: Civil wrongs allowing for claims of damages.

  • Types:

    • Intentional Torts: Direct harm to another person.

    • Negligence: Failure to act with reasonable care leading to harm.

Defenses in Tort Law

  • Assumption of Risk

  • Contributory and Comparative Negligence

Elements of Torts

  • Essential elements for claims: Duty of care, breach, injury, causation.

Contracts and Legal Instruments

  • Elements of Enforceable Contracts:

    • Capable parties, consent, lawful object, consideration.

  • Various property and consumer rights covered under contract law.

Jurisdictional Overview

  • Breakdown of federal and state court systems, including types of cases handled by district and appellate courts.

Citations and Legal References

  • Proper form for legal citations and the importance of using authoritative sources in legal arguments.

Legal Writing and Case Reports

  • Includes how to format legal cases, decisions, and the importance of clarity in legal documentation.

Ethical Considerations in Law

  • Emphasizes the role of ethics in legal strategy and client interactions.