The History of Law Vocabulary
BMA-LEB-2: Compare and contrastthe relationship between ethics andthe law for a business.
What is Law?
Stages In The Growth of Law
1.Individuals are free to takerevenge for wrongs done tothem
2.A leader acquires enoughpower to be able to forcerevenge-minded individuals toaccept an award of goods ormoney instead
3.The leader gives this power toa system of courts
4.The leader or central authorityacts to prevent and punishwrongs that provokeindividuals to seek revenge
Common Law vs Positive Law
•Common Law usually is formedfrom the rules used by a judgeand have evolved to reflect thecurrent standards or customs ofthe people.
–Unpredictable laws will notproduce a stable society.
–A legal system that is toocontrolling / rigid to change withthe times will be overthrown.
•Positive laws are dictated bysovereign or other centralauthority to prevent disputesand wrongs from occurring inthe first place.
Laws
•Enforceable rules of conduct in a society.
Code
•An organized form that laws can be groupedinto.
Common Law
•Law based on the current standards orcustoms of the people.
Positive Law
•Laws dictated from above (set by sovereign).
English Common Law
Advantages
•Achieves uniformitywhile maintaining anability to adapt tochanges in society.
•Utilizes precedentwhich provides stabilityand fairness.
Disadvantages
•If overdone, it can resultin rigid adherence toproper form.
–For example, amisspelled word couldnullify or void the effectof a document.
•Early Common Lawwould only grantremedies for damages.
–There was no positivelaw.
Jurisdiction
•The power to decide a case.
Equity
•Fairness
Sources of Law
1.Constitutions (highestsources of law) –When constitutionsare adopted oramended, or whencourts interpretconstitutions,constitutional law ismade.
–We are governed byboth the USConstitution (“thesupreme law of theland”) and the GAConstitution.
•Constitutions allocate powers:
1.Between the people and theirgovernments with the first tenamendments or the Bill of Rights.The Bill of Right protects peoplefrom actions of their government.
2.Between state governments andthe federal government byregulating foreign and interstatecommerce.
3.Among the branches of thegovernment: executive, legislative,and judicial to create checks andbalances that ensures no branchof government is too powerful.
Constitution
•Document that sets forth the framework ofthe government and its relationship to thepeople it governs.
Sources of Law
2. Statutes
•State and federal legislaturesare composed of electedrepresentatives of the people.
•Acting for their citizens whoelected them, these legislaturesenact statutes.
•Towns, cities, and counties canlegislate on matters over whichthe state has given themauthority.
•Pieces of legislation created bya town or city council or by acounty board or commissionsare ordinances.
–Ordinances are only effectivewithin the boundary of the localgovernment that enacted them.
3. Case Law
•Case law is created by thejudicial branch, at the federal orstate level, after the appellatecourt has published its opinionon a case.
•That opinion may state new ormore appropriate rules to beused in deciding the case andothers like it.
•Stare Decisis -- Latin for “let thedecision stand” – requires thatlower courts follow establishedcase law in deciding similarcases but does not bindsupreme courts.
Statutes
•Law enacted by state or federal legislatures
Ordinances
•Legislation enacted by a town, city, or countyboard or commission.
Case Law
•Made when an appellate court endorses a ruleto be used in deciding court cases.
Stare Decisis
•Doctrine that requires lower courts to followexisting case law in deciding similar cases.
Sources of Law
4. Administrative Law
•Federal, state, and locallegislatures all createadministrative agencies thatwere formed to carry outparticular laws and are controlledby the executive branch.
•Administrative agencies aresometimes given legislativepowers and limited judicialpowers to create rules andregulations to be carried out byits executive powers.
–Example: The US Presidentcontrols the Federal Social SecurityAdministration that determineswhen a student is eligible toreceive social security paymentsfrom a widow as a dependent.
What Happens When LawsConflict?
•To settle conflict between lawscreated at different level ofgovernment, generally supremacyrules places federal law or state lawand state law over local law.
•To settle conflict between lawscreated at the same level ofgovernment, supremacy rules saysconstitutional law prevails overstatutory law and statutory lawover administrative law.
•To settle conflict in the courtsystem, supremacy law says thehigher court’s decision prevailsover a lower court’s.
Administrative Agencies
•Government body formed to carry outparticular laws.
Main Types of Laws
Civil Laws
•Civil law allows an individualto seek legal remedies whenhis or her private legal rightsof an individual are violatedor when one person is injuredby another.
•If a defendant loses a civilcase, that defendant is liableand must pay compensationto the plaintiff.
–Civil offenses are called torts.
Criminal Laws
•Criminal law governs when thecitizens’ right to live in peace isviolated has been violated.
•If a person who has committed acrime is caught and prosecutedby the government, s/he canface a fine, imprisonment,and/or execution.
–A crime is an offense against societyrather than individuals and disruptsthe stable environment
•When a crime occurs, privateinjuries may be inflicted as and acriminal case and civil suit maybe brought against thedefendant.
Civil Law
•Group of laws used to provide remedy forwrongs against individuals.
Criminal Law
•Group of laws that defines and setspunishment for offenses against society.
Main Types of Law
Procedural and Substantive Laws
•Types of Procedural Law
–Criminal Procedure: defines theprocess for enforcing the law whensomeone has been charged with acrime.
–Civil Procedure: used when a civillaw has been violated
•Examples of Procedural Law
–Determine what remedies areavailable in a lawsuit and how thoseremedies are to be secured.
–Determine whether equitableremedies, like an injunction, areavailable.
–Stare Decisis and rules fordetermining supremacy ofconflicting laws.
•Substantive law is concerned withall rules of conduct except thoseinvolved in enforcement.
Business Law
•Business law covers rules thatapply to business situations andtransactions.
–Most business transactions involve amerchant and a consumer.
•Business law mainly is concernedwith civil law, especially contractsand breaches.
•With the growth of interstatecommerce and large businessfirms, the adoption of the UniformCommercial Code (UCC) from stateto state has created moreuniformity among state lawsgoverning business andcommercial transactions like sales,business forms, and certain credittransactions.
Procedural Law
•Sets forth how rights and responsibilities canbe legally exercised and enforced through thelegal system.
Substantive Law
•Defines rights and duties. Substantive lawdefines offenses, such as murder, theft, breachof contract, and negligence.