Chapter 1 9/13/13 11:12 PM What is Law? • 3 Primary Elements o 1. Has to be a Rule o 2. Has to have been laid down by the government o 3. 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 Law • A nation employs the rule of law when the law is made generally to its citizens and equally applicable to all o Generally speaking, the most prosperous nations in the world are those with the strongest commitment to the rule of law Types of Government • Common Law vs. Civil Law o Common law emphasizes the role of judges in interpreting and applying the law o Civil law relies more on legislation than judicial decisions § Civil Law looks at the law and what it says and directly applies it to the situation. No grey area § EX: 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 Law o Civil law is used differently here than in the “Common Law vs. Civil Law” distinction§ Civil 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. ú EX: Microsoft vs. Apple • Breach of contract • Medical Malpractice • Patent Infringement ú Public vs Private… **The same set of facts many give rise to both separate criminal and civil actions. ú 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 Law • Constitutions o The #1 Ruling is the US Constitution § Article I sets up Congress § Article III sets up the Judiciary § Amendments ú Bill of Rights o State constitutions § States also have constitutions which establish and regulate the state governments. • Legislation o Laws passed by elected representatives ** could be as big as a national law, or as little as a city council passing a law o Statute or Act § Passed by the government or the state ú Anti-Trust Act – federal govt. ú HOPE scholarship- state govt. o Ordinance§ Law passed at the local level. ú City • In Athens, you can’t have more than 2 unrelated people living together o Uniformity of Legislation § Congress can pass a single federal law preempting all state regulations of the same subject-matter ú This 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. o Problem is Congress could deny it. o Politically, it would not be popular for Congress to pass that law at the time § States can work together to pass uniform laws ú Contract 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. o Interpretation of Legislation § A 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. ú This law is vague but covers different situations. Interpretation varies with different circumstances. • Administrative Regulations o Give clarity and provide enforcement of statutes (laws) § EX: When Congress passed the Clean Water Act. ú 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 theregulation for mercury levels allowed in drinking water. *** could be passed at all levels of the judiciary • Judicial Decisions o Legal opinions issued by a judge deciding a legal issue which has arisen in a case § Also known as case law o These opinions are then followed by later courts as prior precedent § Stare decisis ú A 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. o Circumstances are vastly changed. o Advantages: § Reliance on past precedent offers stability and predictability in the legal system ú It 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 outcome ú Previous EX with teenager driving mom after 12pm . § Allows judges to consider changes in circumstances ú EX: 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. o Disadvantages: § Volume, time, and expense ú Lawyers are pricey• Some may charge up to $1,000/hr. and they might not even find a definitive answer to one legal question § Conflicting precedent § Lack of precedent ú If no case has ever ruled in a situation like this, it is going to be hard for you to predict a judicial decision. § Rejected precedent ú The court might through out a prior decision and find you guilty when in the prior ruling you were innocent. o Hierarchy of Laws • U.S. Constitution *** Know for Test • Federal Statutes • Federal Administrative Regulations • State 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