Chapter 1: Introduction To Law Page 1 of 5

Chapter 1: Introduction To Law

Law is the product of civilization and the means by which civilization is maintained. Law is in part:
➢ Pervasive; It permits, forbids, and/or regulates practically every known human activity and affects all persons
either directly or indirectly.
➢ Prohibitory, Mandatory
➢ Permissive; individuals may choose to perform or not to perform certain acts.

NATURE OF LAW
Law has evolved and continues to change. It results from a continuous effort to balance, through a workable set of
rules, the individual and group rights of a society.

Definition of Law
➢ “a rule of civil conduct prescribed by the supreme power in a state, commanding what is right, and prohibiting
what is wrong” (Blackstone)

Functions of Law
➢ To maintain stability in the social, political, and economic system through dispute resolution, protection of
property, and the preservation of the state, while simultaneously permitting ordered change
➢ Functions:
• Dispute resolution
○ May involve criminal matters (theft) or noncriminal matters (automobile accident).
• Protection of property
○ To protect the owner’s use of property and to facilitate voluntary agreements.
• Preservation of the state
○ Changes in leadership and political structure are brought about by political actions such as
elections, legislation, and referenda, rather than by revolution, sedition, and rebellion.

Legal Sanctions
➢ Sanctions - are means by which the law enforces the decisions of the courts.
• Means of enforcing legal judgments
➢ Legal system function  make sure legal rules are enforced.

Law and Morals

➢ Law and morals are NOT the same.
➢ They are different but overlapping; law provides sanctions, while morals do not.

Law and Justice

➢ Law and Justice are separate and distinct concepts.
➢ W/out law, there is no justice. Law is no guarantee of justice.
➢ Justice is the fair, equitable, and impartial treatment of competing interests and desires of individuals and groups
with due regard for the common good.

CLASSIFICATION OF LAW
➢ Right - Legal capacity to require another person to perform or refrain from performing acts.
➢ Duty - Legal obligation requiring a person to perform or refrain from performing an act

Substantive and Procedural Law

➢ Substantive Law – The basic law of rights and duties (contract law, criminal law, tort law, law of wills, etc.)
• Creates, defines, and regulates legal rights and duties.
➢ Procedural Law - rules for enforcing substantive law. (law of pleading, law of evidence, law of jurisdiction).
• Establishes the rules for enforcing those rights that exist by reason of substantive law.

Public and Private Law

➢ Public Law - law dealing with the relationship between government and individuals.
➢ Private Law - law governing the relationships among individuals and legal entities (corporations). BUL
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Civil and Criminal Law

➢ Civil Law – private – law dealing with the violation of a wrong against an individual or other legal entity
• Purpose: to compensate the injured party
• Sue – To begin a lawsuit in a court.
• Plaintiff - The party who initiates a civil suit.
• Preponderance of the evidence Greater weight of the evidence; standard used in civil cases.
➢ Criminal Law – public – law establishing duties the violation of a wrong (offense) against the entire community
• Purpose: punish the wrongdoer
• Prosecute - To bring a criminal proceeding.
• Beyond a reasonable doubt Proof that is entirely convincing and satisfying to a moral certainty; criminal
law standard.

SOURCES OF LAW
➢ The sources of law in the U.S. legal system are :
• The Federal and State constitutions, Federal treaties, interstate compacts,
• Federal and State statutes and executive orders, the ordinances of countless local municipal governments,
• the rules and regulations of Federal and State administrative agencies, and
• An ever-increasing volume of reported Federal and State court decisions.
➢ The supreme law of the land is the United States Constitution.
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Constitutional Law
➢ Constitution - fundamental law of a government establishing its powers and limitations. Establish government
structure and allocates power among different levels of government, defines political relationships.
• Government consists of 3 distinct & independent branches:
○ Federal judiciary, the Congress, and the Executive branch
• Restricts powers of government & specifies the rights & liberties of people.
• All other law in the United States is subordinate to the Federal Constitution. No law, Federal or State, is
valid if it violates the Federal Constitution.
• Judicial review - Power of the courts to determine the constitutionality of legislative and executive acts.
○ The supreme court of the U.S. determines the constitutionality of all laws.

Judicial Law
➢ The U.S. legal system is a common law system.
➢ Common Law - body of law developed by the courts that serves as precedent for determination of later
controversies. It relies heavily on the judiciary as a source of law and on the adversary system for the
adjudication of disputes.
• Adversary system - System in which opposing parties initiate and present their cases.
• stare decisis – to stand by the decisions. Allows sufficient flexibility for CL to change.
• Strength: its ability to adapt to change w/out losing its sense of direction
➢ Civil law - Laws concerned with civil or private rights and remedies, as contrasted with criminal laws. Depend on
comprehensive legislative enactments (called codes) and an inquisitorial method of adjudication
• Inquisitorial system - System in which the judiciary initiates, conducts, and decides cases.
➢ Equity body of law based upon principles distinct from common law and providing remedies not available at law
• Justice administered according to fairness, as contrasted with the strictly formulated rules of common
law. It is based on a system of rules and principles which originated in England as an alternative to the
harsh rules of common law and which were based on what was fair in a particular situation.
➢ Restatements of law – the restatements cover many important areas of common law; including torts, contracts,
agency property, and trusts.

Legislative Law
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➢ Legislatures are independent and able to choose the issues they wish to address. They are better equipped to
make the dramatic, sweeping, and relatively rapid changes in the law that enables it to respond to numerous and
vast technological, social, and economic innovations. Statutes adopted by legislative bodies
➢ Uniform Commercial Code - One of the Uniform Laws, drafted by the National Conference of Commissioners
on Uniform State Laws, governing commercial transactions (sales of goods, commercial paper, bank deposits and
collections, letters of credit, bulk transfers, warehouse receipts, bills of lading, investment securities, and secured
transactions).
➢ The underlying purposes and policies of the Code are to:
1. simplify, clarify, and modernize the law governing commercial transactions;
2. permit the continued expansion of commercial practices through custom, usage, and agreement of the parties;
3. make uniform the law among the various jurisdictions.

➢ Treaties - agreements between or among independent nations. Only the federal government, not the states, may
enter ito treaties.
➢ Executive Orders - laws issued by the President or by the governor of a State. Typically, Federal legislation
specifically delegates this authority. An executive order may mend, revoke, or supersede a prior executive order.

Administrative Law
➢ Administrative law Law dealing with the establishment, duties, and powers of agencies in the executive branch
of government. A branch of public law created by administrative agencies (in the form of rules, regulations,
orders, and decisions) to carry out their regulatory powers and duties of those agencies.

Plaintiff, the person who filed the suit,

Defendant, the person against whom the suit was brought.
When a case is appealed, some courts of appeal place the name of the party who appeals, or the appellant, first.
CHAPTER SUMMARY
Nature of Law Definition of Law “a rule of civil conduct prescribed by the supreme power in a
state, commanding what is right, and prohibiting what is wrong” (Blackstone)
Functions of Law to maintain stability in the social, political, and economic system
through dispute resolution, protection of property, and the preservation of the state,
while simultaneously permitting ordered change
Legal Sanctions are means by which the law enforces the decisions of the courts
Law and Morals are different but overlapping; law provides sanctions, while morals do
not
Law and Justice are separate and distinct concepts; justice is the fair, equitable,
and impartial treatment of competing interests with due regard for the common
good

Classification of Law Substantive and Procedural Law

• Substantive Law law creating rights and duties
• Procedural Law rules for enforcing substantive law
Public and Private Law
• Public Law law dealing with the relationship between government and
individuals
• Private Law law governing the relationships among individuals and legal entities
Civil and Criminal Law
• Civil Law law dealing with rights and duties the violation of which constitutes a
wrong against an individual or other legal entity
• Criminal Law law establishing duties which, if violated, constitute a wrong
against the entire community

Sources of Law Constitutional Law fundamental law of a government establishing its powers and
limitations
Judicial Law
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• Common Law body of law developed by the courts that serves as precedent for
determination of later controversies
• Equity body of law based upon principles distinct from common law and
providing remedies not available at law
Legislative Law statutes adopted by legislative bodies
• Treaties agreements between or among independent nations
• Executive Orders laws issued by the President or by the governor of a State
Administrative Law body of law created by administrative agencies to carry out
their regulatory powers and duties