What is Law?3 Primary Elements1. Has to be a Rule2. Has to have been laid down by the government3. Must be enforced by the government**The law must be written down and accessible to the public in order to be most effective.(One of the oldest known written law: Code of Hammurabi, Babylon 1790 B.C.)The law provides certainty, predictability, and stability by providing: fair and reliable system to resolve conflicts.The law allows businesses and individuals to have the confidence to enter into business agreements and make long term investments.Rule of LawA nation employs the rule of law when the law is made generally to its citizens and equally applicable to allGenerally speaking, the most prosperous nations in the world are those with the strongest commitment to the rule of lawTypes of GovernmentCommon Law vs. Civil LawCommon law emphasizes the role of judges in interpreting and applying the lawCivil law relies more on legislation than judicial decisionsCivil Law looks at the law and what it says and directly applies it to the situation. No grey areaEX: A town has a law that no one can drive after midnight. However a teenager finds himself having to drive his mother to the emergency room after she has a heart attack at 2am. He gets pulled over. Because this nation is ruled under civil law, the teenager is arrested for breaking the law even though he has extinguishing circumstances.Criminal Law vs. Civil LawCivil law is used differently here than in the “Common Law vs. Civil Law” distinctionCivil law as used here generally means any non-criminal lawsuit.Criminal Law= Government prosecution of citizens who commit an illegal action.Civil Law= law dealing with private rights between people.EX: Microsoft vs. AppleBreach of contractMedical MalpracticePatent InfringementPublic vs Private…**The same set of facts many give rise to both separate criminal and civil actions.EX: OJ Simpson case, he was found innocent in the criminal trial but guilty in the civil trial. He had to pay $30 million to the family for the alleged murder of his wife.Sources of LawConstitutionsThe #1 Ruling is the US ConstitutionArticle I sets up CongressArticle III sets up the JudiciaryAmendmentsBill of RightsState constitutionsStates also have constitutions which establish and regulate the state governments.LegislationLaws passed by elected representatives** could be as big as a national law, or as little as a city council passing a lawStatute or ActPassed by the government or the stateAnti-Trust Act – federal govt.HOPE scholarship- state govt.OrdinanceLaw passed at the local level.CityIn Athens, you can’t have more than 2 unrelated people living togetherUniformity of LegislationCongress can pass a single federal law preempting all state regulations of the same subject-matterThis can be done in a situation like:Ford has 50 states all with different standards for car models. So in order to have just 1 model, Ford goes to Congress.Problem is Congress could deny it.Politically, it would not be popular for Congress to pass that law at the timeStates can work together to pass uniform lawsContract Law is a right reserved by a state.There is a things such as a uniform contract law that tries to have a uniform law between all states.Interpretation of LegislationA person commits the offense of loitering or prowling when he is in a place at a time or in a manner not usual for law-abiding individuals under circumstances that warrant a justifiable and reasonable alarm or immediate concern for the safety of persons or property in the vicinity. Georgia Code § 16-11-36(a) This is a criminal law.This law is vague but covers different situations. Interpretation varies with different circumstances.Administrative RegulationsGive clarity and provide enforcement of statutes (laws)EX: When Congress passed the Clean Water Act.Congress didn’t know how much mercury levels needed to be safe for drinking. The law said that the water should be clean and drinkable. And delegates to the EPA, to come up with the regulation for mercury levels allowed in drinking water.*** could be passed at all levels of the judiciaryJudicial DecisionsLegal opinions issued by a judge deciding a legal issue which has arisen in a caseAlso known as case lawThese opinions are then followed by later courts as prior precedentStare decisisA court today will follow the rules that have been set by court decision in past years.Exemption: Plessy vs. Furgurson was thrown out by Brown vs. Board of ED.Circumstances are vastly changed.Advantages:Reliance on past precedent offers stability and predictability in the legal systemIt lets the people know (who are being ruled) that what was law yesterday will most likely be law today.Allows judges to take unique facts of a case into consideration to reach a just outcomePrevious EX with teenager driving mom after 12pm .Allows judges to consider changes in circumstancesEX: Violation of the 4th Amendment with the use of the heat lamp detector. And arresting citizen bc of high rocketing heat levels. (Marijuana growing)It was found in violation of the spirit of the 4th amendment.Disadvantages:Volume, time, and expenseLawyers are priceySome may charge up to $1,000/hr. and they might not even find a definitive answer to one legal questionConflicting precedentLack of precedentIf no case has ever ruled in a situation like this, it is going to be hard for you to predict a judicial decision.Rejected precedentThe court might through out a prior decision and find you guilty when in the prior ruling you were innocent.Hierarchy of LawsU.S. Constitution *** Know for TestFederal StatutesFederal Administrative RegulationsState Constitutions (apply only in the applicable state)State Statutes (apply only in the applicable state)State Administrative Regulations (apply only in the applicable state)Local Ordinances (apply only in the applicable locality)Judicial Decisions / Case LawCourt PersonnelJudges and JusticesJudge = Trial court and most appellate courtsTrial Court JudgesDecide questions of law and preside over jury trialsOccasionally, may also decide questions of fact and render a verdictKnown as a “bench trial”EX: I don’t want a jury trial, I want a judge to rule everything.Criminal law, you might want a judge to decide your case, because the jury might not be neutral (ei: Rape case)Justice = U.S. Supreme Court and some state appellate courtsAppellate Judges and JusticesDetermine whether the trial judge correctly applied the