Introduction to Law Introduction to Law and Legal Systems and Legal Systems Chapter 1 Chapter 1 2013 Cengage Learning All Rights Reserved May not be copied scanned or duplicated in whole or in part except for use as permitted in a license distributed with a certain product or service or otherwise on a password protected website for classroom use 1 Ex 1 1 Areas of the Law That Ex 1 1 Areas of the Law That May Affect May Affect Business Decision Making Business Decision Making 2013 Cengage Learning All Rights Reserved May not be copied scanned or duplicated in whole or in part except for use as permitted in a license distributed with a certain product or service or otherwise on a password protected website for classroom use 2 Sources of American Law Sources of American Law Constitutional Law Constitutional Law Statutory Law Statutory Law Ordinances Uniform Laws NCCUSL Uniform Commercial Code Administrative Law Administrative Law Federal Agencies State and Local Agencies 2011 Cengage Learning All Rights Reserved May not be copied scanned or duplicated in whole or in part except for use as permitted in a license distributed 2013 Cengage Learning All Rights Reserved May not be copied scanned or duplicated in whole or in part except for use as permitted in a with a certain product or service or otherwise on a password protected website for classroom use license distributed with a certain product or service or otherwise on a password protected website for classroom use 3 Sources of American Law Sources of American Law Case Law and Common Law Case Law and Common Law Doctrines Doctrines Case law governs all areas of law not covered by statutory or administrative law 2013 Cengage Learning All Rights Reserved May not be copied scanned or duplicated in whole or in part except for use as permitted in a license distributed with a certain product or service or otherwise on a password protected website for classroom use 4 The Common Law Tradition The Common Law Tradition Early English Courts Early English Courts American law is based largely on English Common Law which was based largely on traditions social customs rules and cases dating back to 1066 A D Precedent 2013 Cengage Learning All Rights Reserved May not be copied scanned or duplicated in whole or in part except for use as permitted in a license distributed with a certain product or service or otherwise on a password protected website for classroom use 5 The Common Law Tradition The Common Law Tradition Stare Decisis Stare Decisis to stand on decided to stand on decided cases is judge made law is judge made law cases Importance of Precedents in Judicial Decision Making Precedents are binding within a court s jurisdiction Stare Decisis and Legal Stability Courts should not overturn their own precedents without compelling reasons 2013 Cengage Learning All Rights Reserved May not be copied scanned or duplicated in whole or in part except for use as permitted in a license distributed with a certain product or service or otherwise on a password protected website for classroom use 6 The Common Law Tradition The Common Law Tradition Stare Decisis Stare Decisis to stand on decided to stand on decided cases is judge made law is judge made law cases Departures from Precedent In cases of first impression a court may refer to positive law public policy or widely held social values to craft the decision When There is No Precedent 2013 Cengage Learning All Rights Reserved May not be copied scanned or duplicated in whole or in part except for use as permitted in a license distributed with a certain product or service or otherwise on a password protected website for classroom use 7 The Common Law Tradition The Common Law Tradition Equitable Remedies and Courts of Equitable Remedies and Courts of Equity Equity Remedy means given to a party to enforce a right or compensate for the violation of the right Remedies in Equity Equity is beyond law and looks at notions of fairness and justice 2013 Cengage Learning All Rights Reserved May not be copied scanned or duplicated in whole or in part except for use as permitted in a license distributed with a certain product or service or otherwise on a password protected website for classroom use 8 The Common Law Tradition The Common Law Tradition Equitable Remedies and Courts of Equitable Remedies and Courts of Equity Equity At common law there were two separate court systems COURTS OF LAW awarding money damages and COURTS OF EQUITY non monetary relief based on notions of justice and fair dealing 2013 Cengage Learning All Rights Reserved May not be copied scanned or duplicated in whole or in part except for use as permitted in a license distributed with a certain product or service or otherwise on a password protected website for classroom use 9 The Common Law Tradition The Common Law Tradition Equitable Remedies and Courts of Equitable Remedies and Courts of Equity Equity Courts of equity were administered by chancellors appointed by the king Equitable remedies include specific performance injunctions rescissions 2013 Cengage Learning All Rights Reserved May not be copied scanned or duplicated in whole or in part except for use as permitted in a license distributed with a certain product or service or otherwise on a password protected website for classroom use 10 The Common Law Tradition The Common Law Tradition Equitable Remedies and Courts of Equitable Remedies and Courts of Equity Equity Merging of Law and Equity Federal and state courts have consolidated remedies at law and equity Generally the same court can fashion a remedy that includes both damages and equitable or injunctive relief 2013 Cengage Learning All Rights Reserved May not be copied scanned or duplicated in whole or in part except for use as permitted in a license distributed with a certain product or service or otherwise on a password protected website for classroom use 11 Ex 1 2 Equitable Maxims Ex 1 2 Equitable Maxims 2013 Cengage Learning All Rights Reserved May not be copied scanned or duplicated in whole or in part except for use as permitted in a license distributed with a certain product or service or otherwise on a password protected website for classroom use 12 Schools of Legal Thought Schools of Legal Thought Natural Law School Natural Law School Positivist School Positivist School Historical School Historical School Legal Realism Legal Realism 2013 Cengage Learning All Rights Reserved May not be copied scanned or duplicated in whole