LEB 320 1st Edition Exam 1 Study Guide Chapter 1 What is law o The general purpose of law is the create an orderly society o Why do we speed Breaking the law but we get to where we are going if you need to get somewhere Law is a general word for teeny rules that govern us o Rules social rules that keep society together The law is there to give us rules USA can t be secret laws has to be available and open to the public In some legal systems there are secret laws o Every stable society will have good laws o Law does not tell us what is right and wrong it gives us boundaries based on it and depends on all of us we all decide the rules we abide by o Law changes over time What was acceptable 100 years ago may not be now o Laws give us procedures of how we do things for ex filling out income tax o Some laws give us a taste of right and wrong o Law does not equal ethics Some things are legal but may still be unethical Ex death penalty o The fact hat we know that there is law out there is a good thing o Intended to create orderly society o Law is broad until we get into the court room written broadly enough Justice is secondary in legal system o Justice is based on fairness o Hard to define fairness Case law o Very specific o We want it to be specific every court case is unique o It can change an outcome 2 sources of law o Primary sources of law o Case law Primary sources of law States statues the congress and state legislature write Constitution o We don t read it because it is so broad it is old but good State constitutions o Black letter law binding on us Secondary sources of law Not as important as primary law Everything else that explains law Any kind of document Why do primary laws come into existence Constitutional procedures everything else Business o A business that doesn t have a lawyer on speed dial will go under o B c so many laws that govern business o Law has to factor into business strategies o Hinge on o Is it ok to use law to advantage o Loophole legal room Not bad its not negative just means you figured out what laws work to your advantage o Tax benefits o Patented law must use law to advantage III Rules and Practices Rule oriented approach o To the law more strict in interpretation o Laws on paper that aren t exactly clear o ROA might be to oriented o A judge using this approach is going to have a problem o To conservative of an approach Process oriented approach o Looking more at the facts interpreting words considering the facts of the situation o Give judges wiggle room o Interpret differently o Why is the law created and how does it apply to today s situation o Old laws we want judge to use these laws o Bias can go into interpretation of the law Most judges use both they start with R and move to P as needed All men are created equal D of I R Using a cell phone in a school zone is a 200 fine P for every law there is an exception A law on paper written strictly judge is going to us P if if and if IV Requirements for a good legal system democratic 1 Certainty a Why do we need certainty So you can plan for the future We need to know rules to know how to live b Good thing we like consistency and for things not to change c If no certainty in law the whole system falls apart d Downside if law is to concrete it hand cuffs everyone 2 Flexibility a There in case you need to change law b As society changes law changes c Downside to much flexibility allows bias to come in and everyone s opinion to matter To much flex undo s certainty d The biggest influence is politics doesn t matter if conservative or liberal e Lobbying this is where it happens 3 Knowability a The citizens have access to the law b No secret laws laws are available 4 Reasonableness a Very important b If law is not reasonable we are not going to abide by it c Totally subjective d Reason why people cheat on taxes is because people think it s not reasonable IV Classification of Law Subject areao Most lawyers specialize in one subject and get good at it It makes it easier to understand Federal and stateo Different o State more specific only govern people or property with in boundaries o Enforced differently o Authority to enforce is separate o More voluminous is state law reason b c 50 different body s of state law o States have more power under law most of item state has more power separate power is important o State power has lessened but they can make any law in boundary o 2 completely different court systems if in federal ct its b c you broke federal law o In Texas we have Texas courts And we have federal district TX LA MS Common and statutory o Common law is case law o Statutory is written law made by congress or legislature o Case law Fact specific Comes out of court room Similar from case to case o Major difference is case law happens after an incident and it happens fairly quickly o Statutory is broader b c it has to apply to multiple situations Civil and criminal o Major difference is in criminal law were dealing with crimes o Civil people can only be fined no jail only o Criminal you can go to jail a lot more at stake Beyond reasonable doubt Prosecutor has to prove case 95 in order to convict o Civil is by preponderance just need 51 have to have 51 of the jury o Risks are different Public vs Private o Private Individual citizens Ex suing neighbor o Public The government Any area with in the government Criminal law is public law Environmental law enforcement is done by government entities Constitutional cases Chapter 2 I What is adjudication Some entity is looking at the law and applying to facts of situation to reach decision When you settle it is not adjudication Decision is binding Agencies can create laws II Court Systems State courts o State trial courts If you want to sure someone you start there start of adjudication Classic style of adjudication happen every time if no decision there is no moving up Courts of general jurisdiction most state trial courts have this to hear general state law Courts of limited jurisdiction In big cities you may have different types of courts divorce tax etc those courts can only hear what they ve been given to hear You can appeal if loser You really have 3 chances to win State appeals court Loser goes …