Chapter 1 I What is Law Law consists of enforceable rules that govern relationships 1 among individuals and 2 b w individuals and society Simply complying w the law does not mean one is acting in an ethical manner II Sources of American Law III Business Activities A Constitutional Law The US Constitutional Law distributes power among the separate branches of government ANY law that conflicts with the Constitution is deemed INVALID B Statutory Law statutes and ordinances that are enacted by state and local Uniform Laws laws created by a panel of experts scholars that are a There is the OPTION for state legislatures to adopt or reject these governments model for state laws model laws Uniform Commercial Code UCC enacted by the National Conference of Commissioners on Uniform State Laws NCCUSC for adoption by the states C Administrative Law consists of rules and regulations issued BY administrative agencies branches of government These agencies derive their authority from the legislative and executive D Case Law includes the courts interpretations of constitutional provisions statutes and administrative rules Case law governs all the areas NOT covered by statutes Since statutes often conform to the rules of common law courts primarily rely on common law when identifying the purpose of a statute IV The Common Law Tradition The American Legal System which is based on the decisions made by judges in cases is a Common Law System the applications of principles that were applied in earlier cases that had similar situations This type of system originated from Early English courts which made a distinction between remedies at law and remedies in equity A Remedies at Law awards of land money and items of value A2 Remedies in Equity include decrees of specific performance injunctions and rescission Decisions to award equity remedies are guided by equitable maxims B The Doctrine of Stare Decisis Definition the use of precedent as binding authority in a common law system Makes the legal system more efficient just uniform stable and predictable A judge may decide a precedent is incorrect IF there have been changes in technology business practices or society s attitudes If there is NO precedent available a court may look at other legal principals and policies social values or scientific data C Legal Reasoning reasoning involves 1 Issue Rule Application Conclusion IRAC the process of legal 1 Learning the facts of a case 2 identifying its issues and the relevant legal rules 3 applying those rules to the facts 4 coming to a conclusion 2 Forms of Legal Reasoning all of which will harmonize all of the judge s decisions on a case 3 primary forms Deductive Reasoning Linear Reasoning Reasoning by Analogy V Schools of Jurisprudential Thought When the law is expressed in general terms there is some flexibility in a judge s interpretation which can be influenced by their personal philosophy classified by 4 main schools 1 The Legal Law School follows the principle of Natural Law Definition a system of moral and ethical principles that are believed to be inherent in human nature and discoverable by humans through the use of their natural intelligence 2 The Positivist School Legal positivists believe that there is no higher law than a nation s Positive Law the law created by a particular society at a particular point in time The law is the law and so must be obeyed 3 The Historical School followers of this sort focus on legal principles that have been applied in past cases emphasizing that those principles should be applied strictly meaning in a strict fashion NOT meaning to new cases only in present cases 4 Legal Realists realists beliefs about making decisions include 1 Judges are influenced by their own beliefs 2 application of principles should be done so with any necessary adjustments to better relate to a case s specific circumstances and 3 extra legal services should be consulted VI Classifications of Law A 1 Substantive Law laws that define describe regulate and create rights and duties A 2 Procedural Law rules for enforcing those rights listed above B 1 Private Law concerns the relationships b w private entities B 2 Public Law addresses relationships b w individuals and their govt C 1 Civil Law regulates relationships b w individuals C 2 Criminal Law regulates relationships b w individuals and society D Cyber Law the emerging body of law including court decisions and new amended statutes that governs cyberspace transactions VII How to Find Primary Sources of Law A Finding Statutory Law 1 Publications of Statutes Federal Statutes are arranged by date of enactment in the United States Statutes at Large State statues are collected similarly but in their state publications Normally referred to in codified form the form that the statutes appear in federal and state codes 2 Finding Statutes in a Publication In codified code form laws are compiled by subject Each subject assigned a title number and each statute assigned a section number within a title IE United States Code USC arranges by subject most federal laws B Finding Administrative Law 1 Publication of Rules and Regulations Rules and regulations adopted by administrative agencies are published initially in the Federal Register They are also compiled by subject in the Code of Federal Regulations CFR 2 Finding a Rule or Regulation in a Publication In the CFR each subject assigned a title number and each rule regulation assigned a section number within a title C Finding Case Law 1 Publication of Court Opinions State appellate court opinions often published by the state in consecutively numbered volumes Also published in editions of National Reporter System by West Publishing Company primary publishing company Federal court opinions appear in other West publications 2 Finding a Court Opinion in a Publication After publication of opinion its usually referred to by the name of the case the volume name and the page number of publisher s This information is called the Citation VIII How to Read and Understand Case Law A The Parties 1 Plaintiff v Defendant using A v B in example A is the plaintiff the party who filed the suit B is the defendant Some appeals place the appealing party s name first B v A 2 Appellant v Appellee The appellant is the party who appeals the case to another court or jurisdiction than the one in which it was originally heard Appellant is also referred to as a petitioner Appellee is the party against whom the appeal is taken Also referred
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