What Is Law? The law consists of rules that regulate the conduct of individuals, businesses, and other organizations within society It is intended to protect persons and their property against unwanted interference from others The law forbids persons from engaging in certain undesirable activities It is often fair (but not always) The Law must be flexible

Functions of Law (1 of 3) Keeping the peace Including making certain activities crimes Shaping moral standards e.g., enacting laws that discourage drug and alcohol abuse Promoting social justice e.g., enacting statutes that prohibit discrimination in employment

Functions of Law (2 of 3) Maintaining the status quo e.g., passing laws preventing the forceful overthrow of the government Facilitating orderly change e.g., passing statutes only after considerable study, debate, and public input Providing a basis for compromise approximately 90 percent of all lawsuits are settled prior to trial

Functions of Law (3 of 3) Facilitating planning e.g., well-designed commercial laws allow businesses to plan their activities, allocate their resources, and assess their risks Maximizing individual freedom e.g., the rights of freedom of speech, religion, and association granted by the First Amendment to the U.S. Constitution

Landmark U.S. Supreme Court Case: Brown v. Board of Education (1954) Supreme Court reversed prior precedent of Plessy v. Ferguson (1896) Court held that the separate but equal doctrine violated the Equal Protection Clause of the Fourteenth Amendment to the Constitution The case demonstrates that one Supreme Court can overrule prior Supreme Court cases to promote justice

Schools of Jurisprudential Thought (1 of 3) Natural Law School Postulates that law is based on what is “correct” Law should be based on morality and ethics Historical School Believes that law is an aggregate of social traditions and customs Analytical School Maintains that law is shaped by logic

Schools of Jurisprudential Thought (2 of 3) Sociological School Asserts that law is a means of achieving and advancing certain sociological goals Command School Believes that law is a set of rules developed, communicated, and enforced by the ruling party

Schools of Jurisprudential Thought (3 of 3) Critical Legal Studies School Maintains that legal rules are unnecessary and that legal disputes should be solved by applying arbitrary rules based on fairness Law and Economics School Believes that promoting market efficiency should be the central concern of legal decision making

English Common Law (1 of 2) Law developed by judges who issued their opinions when deciding a case The principles announced in these cases became precedent for later judges deciding similar cases

English Common Law (2 of 2) The English common law can be divided into cases decided by the: Law courts Equity courts (Court of Chancery) Merchant courts

International Law: The Civil Law System (1 of 2) Romano-Germanic civil law system is the model for countries adopting civil codes The Civil Code and the parliamentary statutes that expand and interpret it are the sole sources of law in most civil law countries The adjudication of a case is the application of the code or the statutes to a particular set of facts

International Law: The Civil Law System (2 of 2) In some civil law countries, court decisions do not have the force of law A contrast to Anglo-American common law where laws are created by the judicial system as well as by congressional legislation

Sources of Law in the United States (1 of 5) Constitutions The U.S. Constitution establishes the federal government and enumerates its powers Powers not given to the federal government are reserved to the states State constitutions establish state governments and enumerate their powers

Sources of Law in the United States (2 of 5) Codified law: statutes and ordinances Statutes are enacted by Congress and state legislatures Ordinances are enacted by municipalities and local government agencies They establish courses of conduct that must be followed by covered parties

Sources of Law in the United States (3 of 5) Treaties The president, with the advice and consent of the Senate, may enter into treaties with foreign governments Executive orders Issued by the president and governors of states They regulate the conduct of covered parties

Sources of Law in the United States (4 of 5) Administrative agency regulations and orders Administrative agencies are created by the legislative and executive branches of government They may adopt administrative regulations and issue orders that regulate the conduct of covered parties

Sources of Law in the United States (5 of 5) Judicial decisions Federal and state courts decide controversies In doing so, they issue decisions that state the holding of each case and the reasoning used by the court in reaching its decision

The Doctrine of Stare Decisis (1 of 2) Based on the common law tradition, past court decisions become precedent for deciding future cases Lower courts must follow the precedent established by higher courts

The Doctrine of Stare Decisis (2 of 2) Thus, all federal and state courts in the U.S. must follow the precedents established by U.S. Supreme Court decisions Adherence to precedent is called stare decisis

Priority of Law in the United States (1 of 2) The U.S. Constitution and treaties take precedence over all other laws Federal statutes take precedence over federal regulations Valid federal law takes precedence over conflicting state or local law

# Priority of Law in the United States (2 of 2) State constitutions rank as the highest state law State statutes take precedence over state regulations Valid state law takes precedence over local laws