| Foundations of American Law & Legal Principles|
Questions Provided with A+ Graded Rationales
Latest Updated
Law
a body of rules of action or conduct prescribed by controlling authority and having legal binding
force
- presents a system of societal order
- established by elected legislators
Law Creates:
duties, obligations, and rights
Law is Classified by:
subject matter
Categories of law
Criminal, Civil, Substantive, Procedural, Public, Private
Criminal Law
○ Protection of society; the violation of criminal laws results in penalties to the violator such as
fines or imprisonment
• Ex. Homicide, robbery, theft
Substantive Law
○ Provide individuals w/ rights & create certain duties
• State law that permits you to recover losses in a shipping contract
Procedural Law
○ Sets structure & rules for pursuing substantive rights
• Ex. State law that sets out a time period during which an injured party must file a lawsuit to
recover losses
• Statute of limitations in FL (civil) is 2 years
Public Law
, ○ Derived from some government entity (state or federal legislature/executive) and
administrative regulations (state or federal administrative agencies)
• Ex. Federal statutes (patent act) or state statutes (Business Corporation Law)
Private Law
○ Binding between 2 parties even though no specific statue or regulation provides for the rights
of the parties
• Ex. Contract for services
Language of Law
- american law brings in language from english, french, and latin
- blacks law dictionary is the authoritative source for legal definitions
- courts frequently act based on the "plain meaning of words" and define based on the
"Dictionary Rule"
Functions of Law
• To provide system of order that defines rules of conduct and levies punishment for rule
violations
• To establish a system for resolving disputes by providing a basis deciding the legal interests
and rights of the parties
• To serve as a catalyst for commerce by promoting good faith dealing among merchants and
consumers and give measure of reliability
Law as Business Strategy
• Noncompliance
• Avoidance
• Prevention
• Value creation or legal competitive advantage
Primary Sources of American Law
constitutional law, statutory law, administrative law, common law, international law
Constitutional Law
○ Establishes gov structures
○ Grates specific power to gov
○ Provides for rights and procedures
Statutory Law