The Role of Law In Society Power Contract law negotiate a deal with a game developer Intellectual property law research whether similar games already exist which might diminish her ability to market the proposed new game Employment law subordinates complain about being harassed by a coworker Administrative law employee complaining about having to work long hours Securities law will she gets in trouble if she invest in a company based on inside information Importance Every society of which we have any historical record has had some Federalism how to have two levels of government each with Fascination Audience determination to watch trials and cross examine The system of laws specified powers most largely watched case was O J Simpson s Origins Of Our Law English Roots The cannot be that simple because it reflects the complexity of England was divided into shires and daily administration was Men were divided in groups of 10 called tithing If one committed a contemporary life carried out by a shire reeve later called a sheriff crime all 10 men could be forced to pay Today we use this in business partnership where both are liable They also used oath helpers usually 12 in court that would swear the version to be truth Today we have something similar the jury of 12 people Feudalism the king owned all land and granted sections of his land to his favorite noblemen Land became the most important commodity today our law reflects the importance of land previous rulings On the Laws and Customs of England by Henry de Bracton written in Latin teaches judges to rule based on previous cases Establishing the idea of a precedent Precedent the tendency to decide current cases based on Heart of American law it ensures predictability case Judge made law Common Law the accumulation of precedent based on case after Law in the United States American law ever since has been a blend of the ancient principles of English common law and a zeal and determination for change In the 20th century the rate of social and technological change increased creating new legal puzzles Sources of Contemporary Law United States Constitution 1787 Any law that conflicts with the Constitution is void This law does 3 things branches Establishes the national government of the US with its 3 Creates a system of checks and balances among the branches Guarantees many basic rights to the American people Branches of Government Legislative Power o Gives the ability to create new laws In Article I it gives the Congress this power Senate and House of Representations A state s voting power is based on its population o House of Representatives has 435 voting members o Senate has 100 voting members two from each state Checks and Balances Executive Power o The authority to enforce laws Article II established the President as commander in chief of the armed forces and the head of the executive branch of the federal government o Gives the right to interpret laws and determine their validity Article III places the Supreme Court at the head of the judicial branch Judicial Power broad agreement would tend towards inaction gridlock They allow one branch of the government to trip up another The Founding Fathers wanted to create a system that without The President can veto Congressional legislation Congress can impeach the President The Supreme Court can void laws passed by Congress The President appoints judges to the federal courts but they Congress can override the Supreme Court by amending the The President and the Congress influence the Supreme Court cannot serve unless approved by the Senate constitution by controlling who is place on the court in the first place Fundamental Rights The First Amendment guarantees the rights of free speech The Fourth Fifth and Sixth Amendment protect the rights of free press and the free exercise of religion any person accused of a crime Statues Statues a law created by a legislative body They can cover anything as long as they don t violate the Constitution Bill the idea of a new law first proposed in Congress The House and Senate then independently vote on the bill To pass to Congress the bill must win a simple majority vote in each of these chambers If Congress passes a bill it goes to the White House for the President s approval If the Pres Approves it s a new statue If the Pres Vetoes it Congress can override the veto To do that both the House and the Senate must approve the bill by a 2 3 majority If so it is a statue anyways Common Law Stare decisis means let the decision stand The principle that precedent is binding on later cases Makes the law predictable and this in turn enables businesses Note that precedent is binding only on lower courts The and private citizens to plan intelligently Supreme Court is in no obligation to follow precedent Court Orders Judges have the authority to issue court orders that place binding obligations on specific people or companies Injunction a court order to stop doing something orders Courts have the authority to imprison or fine those who violate their Administrative Law Administrative agencies do the day to day work Most government agencies are created by Congress Example Environmental Protection Agency EPA SEC and Agencies have the power to create laws called regulations the Internal Revenue Service IRS Treaties The Constitution authorizes the President to make treaties with foreign nations These must then be ratifies by the US Senate by a 2 3 vote Classifications Criminal and Civil Law Criminal law concerns behavior so threatening that society outlaws it all together Most criminal laws are statues passed by Congress or a state legislature A district attorney paid by the government brings the case to court If there is a fine the money goes to the state not the injured party Jurisprudence the philosophy of law Civil law regulates the rights and duties between parties Law and Morality There are times where law and morality overlap Jurisprudence Legal Positivism The philosophy is simple law is what the sovereign says it is Sovereign is the recognized political power whom citizens obey so in the US both state and federal governments are sovereign Critics legal positivism leaves no room for questions of morality Vote referendum allow citizens to pass laws directly at the ballot California Proposition 187 was designed to curb illegal immigration box into the state by eliminating social spending for undocumented aliens One part prohibited public schools from educating