LAW 3220 1st Edition Lecture 1 Outline of Last Lecture I Syllabus Outline of Current Lecture II How laws are formed III Purposes of law IV Common Law vs Civil Law V Classifications of Law Current Lecture Lawyers job is to make things better for client given the facts Neither side knows how the judge or the jury is going to react Chapter 1 Ways law is formed o Legislative lobbyists o Executive o Judicial Purposes of Law o Creates social stability o To match general societal principles law changes to adapt to society Ex Marijuana laws Pros More taxes less prosecution expenses Cons Complicated moral fiber of country o Provides just conflict resolution Overview of Legal Business Environment o All pieces of business touched by the law o Important for businesses to have lawyers connected to business o Goals of society and goals of business the same Ford Pinto Case Bolt would rip open gas tank if car hit from behind causes the car to catch fire weighed prices of changing all the cars versus being sued by the burned people International Perspective o Earthquake in Haiti different countries went to help but so much corruption in Haitian government o Bribes accepted in some countries and not others o When working in foreign country that countries laws apply These notes represent a detailed interpretation of the professor s lecture GradeBuddy is best used as a supplement to your own notes not as a substitute Federal government trumps state government Administrative Agencies o Created by executive branch o Ex FDA Can create their own regulations o States can create agencies as well Congress and state can have laws about the same thing o Ex Marriage under state jurisdiction but fed can influence it through funding and other laws that affect the more specific laws Ex Equal Rights Acts American law comes from English law Common Law o Bad because different states have different opinions and therefore different laws Case Reports book of all the cases that were decided this year o Where lawyers go to look for modifications in law Davis vs Department of Labor and Industries Company put pipes in incorrectly come back years later Davis went into fix pipes collapsed and killed him Davis sued contractor that laid the pipe but law said that once pipe was laid and job done the contractor is no longer liable threw the case out appealed Court of Appeals changed the law because of changing pipe technology so contractors became more liable and had more incentive not to cut corners President can create law through executive orders and has influence of administrative agencies Governor has influence over state administrative agencies Civil Law o Used by most other countries o Different from common law in that 1 More inquisitive ask lots of questions than adversarial trash opponent 2 Based on codes regulations and rules academic rather than cases historical precedential 3 Influenced more by academic experts than practicing lawyers Trade Agreements bridge between our law and other countries laws o Ex NAFTA free trade treaty makes business smoother no tariffs Classifications of Law o Public Law government and the people Influences behavior Brings about social change Ex Drinking and driving o Private Law Regulating conduct between members of society person to person Ex Suing somebody contracts debt collections assault and battery o Criminal Case State law that will get you jail time must be found guilty beyond reasonable doubt 99 Ex Drunk driving murder o Civil Case End with paying money just need majority 51 Could be innocent as criminal case but guilty as civil case Ex Suing o Substantive Law Interested in matter about the case what the case is about Ex Deer hunting medical malpractice o Procedural Law All procedural things to build a case the same case to case Ex Send summons request jury trial