CHAPTER 1: Introduction to Law - Class Notes 2023 with 100% correct questions and answers

Definition of Law: Concerns the relations of individuals or Entities with one another as such relations affect the social and economic order. "Law tells us how to act. It is societal imposed." LAW IS... 1. Permissive: "civil law". Individuals may choose to perform or not to perform certain acts. For example, one may or may not enter into a contract, one may or may not dispose of one's estate by will. LAW IS... 2. Prohibitory: "prohibits wrong, criminal law" LAW IS... 3. Mandatory: certain acts must be done or be done in a prescribed way, i.e. taxes must be paid, traffic must keep to the right. 3 Functions of Law: 1. Maintain stability while permitting change: "We seek social remedies" 2nd of 3 Functions of Law: Protection protects owner's use of property and facilitates voluntary agreements called contracts regarding exchanges of property and services. 3rd Function of Law: Preservation. The third essential function of law, ensures that changes in leadership and the political structure are brought about by the political actions such as elections, legislation. Legal Sanctions: To enforce the decisions of the courts. "Punishment" Law and Morals - Morals and law are not the same; law and morals can intersect Morals and ethics influence the law. Law may be the same as morals. Justice: Defined: fair, equitable, and impartial treatment of competing interests with regard for the common good. Law is no guarantee of justice. Classifications of Law... ... A couple of terms: 1. Right: "Ability to compel someone to do something. 2. Duty: "Law obligation to perform or not". 1. Substantive Law: "law creating Rights and Duties": creates, defines, and regulates legal rights and duties; i.e. determining when a binding contract is formed 2. Public Law: The branch of substantive law that deals with the government's rights and powers in its political or sovereign capacity and its relation to individuals or groups; constitutional, administrative, and criminal law. 3. Private Law: The part of substantive law governing individuals and legal entities, such as corporations in their relations with one another; business law is primarily private law 4. Procedural Law: Rules for enforcing substantive law 1. Establishes the rules for enforcing rights. 2. Competing objectives. 5. Civil Law: Duties the violation of which constitutes a wrong against the party injured by the violation; part of private law. The Purpose of Civil Law is to: a. Compensate wronged person. b. Deter others. 2. Violation: wrong against the injured party. 3. Burden of proof: Preponderance of the evidence. 6. Criminal Law: The government must prove criminal guilt beyond a reasonable doubt, which is significantly higher than that of a civil action The Purpose of Criminal Law is: a. Punishment. B. Deterrence. C. Rehabilitation. 2. Violation: Wrong against community. 3. Burden of proof: Beyond a reasonable doubt. Sources of Law... ... Federal: 1. Federal Constitution. 2. Federal Treaties. 3. Statutes. 4. Executive orders. 5. Administrative agencies. rules and regs of fed administrative agencies (i.e. EPA). 6. Courts decisions. State: 1.State Constitution. 2.Interstate compacts (similar to treaties). 3. Statutes. 4. Executive orders. 5. Administrative agencies. rules and regs of state administrative agencies (i.e. EPA). 6. Ordinances of local municipal governments. 7. Courts decisions. Constitutional Law... A. Establishes governmental structure. B. Allocates power. C. Specifies rights and liberties. Three Branches of Constitutional Law: ... 1. Judicial: " Interprets". The Supreme Court and the lower courts compose the Judicial Branch. The judiciary must interpret the laws of the United States. has a role in determining the law of the land. 2. Legislative: "Makes Laws through statutes".The Congress is the Legislative Branch. Its main function is to make laws. 3. Executive : "Enforces" . The President, Vice President, and other executive officials make up the Executive Branch. The main function of this branch is to execute the laws created by Congress 1. Judicial Law. A. Common law system. B. Relies on the adversary system. Comon Law (part of Judicial Law) is: Case law; a. Develops evolutionarily. b. Is not well suited for Drastic Change. Stare decises: Let that which has been decided stand. Courts adhere to and rely on rules of law that they or superior courts announced and applied in prior decisions involving similar cases. Equity: body of law based upon principles distinct from common law and providing remedies not available at law. Courts refused to act or the remedy at law was inadequate. Restatement of Law: Is not law... 1. Authoritative statement of the common law. Covers many important areas of the common law, including torts, contracts, agency, property, and trusts; not law but highly persuasive and frequently have been used by courts in support of their opinions. 2. Legislative Law: Primary source of new law developed because common law is not well suited for making drastic or comprehensive changes. "Independent" Uniform Commercial Code: The need for uniformity led to. adopted by all 50 states... ... Purposes of UCC: a. Simplify, clarify, and modernize the law governing commercial transactions. b. Permit the expansion of commercial practices through . C. Make uniform the law among the various jurisdictionscustom, usage, and agreement of the parties. Treaties Defined: an agreement between or among independent nations; only the Federal government (not State) can enter treaties Executive Orders: Laws issued by the President or by the governor of a State. A. President Power, B. Limited 3. Administrative Law: Defined: Law created by administrative agencies to carry out their: 1. rules, 2. regulations, 3. orders, and 4. decisions