INTRODUCTION TO LAW 1 Definition of law and legal relationships 1 Legal relationships body of enforceable laws that is done by government i government v government can be national state or local governments ii government v citizen consists of all criminal law and citizen can be either hu man or business 70 of all the world s court cases are held in the US iii citizen v citizen two people two businesses or combination 2 Natural law ideas or beliefs that are part of rights that cannot be taken away v Positivist law written law in particular society at particular time 3 Legal systems in the world 1 Common law used by US where there is English language there is also common law i precedent treat like cases in a like manner in the future High courts can change precedent Written by judges with a lot of power ii binding authority vertical not horizontal lower courts must follow laws set by higher courts 2 Civil law dominant legal system around the world used by a majority of countries comprised as strong legislatures Used in all of Europe and South America most of Asia and half of Africa 3 Islamic law spreading religious tradition which fills the void where communism has fallen Koran high book of Islam dual window banking 4 Talmudic law religious legal system active only in Isreal 5 Socialist law tied to communist countries citizens have very little in way of civil po litical and social rights Countries with socialist law North Korea Cuba 6 Customary law found in small societies and law is not written have natural resources that US needs so we have to figure out their laws 4 Primary sources of American law 1 U S Constitution highest form of law in the US two functions 1 Create the structure of government 2 create a list of civil rights and civil liberties 4 concepts have republic representative democracy Have federalist system of gov ernment more than one layer of government national state local Separation of powers Legislative Judicial Executive only place on earth Have checks and bal ances each power can override other powers public is protected by government under the constitution but it does not protect someone in a matter of private organization 2 Federal statutes and treaties act of congress where all statutes must be constitutional Treaties hold same rank as a statute where two step process includes the president signing it and 2 3 senate vote 3 Federal administrative law unique to American law works to fine tune the work of congress must conform to statutes that agree with the constitution 4 Federal case law opinion based on interpretation of other bodies of law anytime the supreme court interprets the constitution the law sits on the same level as all other parts of the constitution supremacy clause says all federal law is above all state law 5 State constitutions create structure of government and a list of civil rights and liberties 6 State statutes act of state legislature Ohio General Assembly 7 Uniform law designed to unite differences from one state to the next 8 State administrative law rules developed by state agencies 9 State case law judicial opinions written by state judges 5 Differences between American civil law and American criminal law punishment by govern ment that can take away your liberty i criminal government v defendant only the government can bring charges against defendant ii civil plaintiff v defendant easier to win in civil case i criminal beyond a reasonable doubt 95 sure in order to convict along with a unanimous vote about being guilty ii civil preponderance of the evidence 51 in order to win 10 Local ordinances 1 Parties involved 2 Standard of proof 3 Remedies i criminal societal based prosecutor tries to get benefits for society ii civil monetary damages actual damages you can add and put a dollar figure on life Add value if you are younger seeking higher degree if married has kids Can get money for both suffering and death compensatory cover pain suffering or loss of life Put a price on punitive punish if the act is intentional limited damages rule can not be greater than 9 times the compensatory reward specific performance limits the defendants actions
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