Law is powerful◙ Affects all people, from CEO’s to children◙ Affects most of life, from work to leisure

Law is important◙ Virtually all known civilizations throughout history

have had some kind of law.◙ But which is more important -- written law or the

people who enforce it?

Law is fascinating◙ Complex, but never just theoretical◙ Televised trials often draw a large audience

Origins of Our Law -- Many Sources◙ Inherited much from British law.

◙ Founding Fathers created a multi-level government which guaranteed citizens’ rights.

◙ Accumulation of precedent in legal cases makes up the common law.

◙ Statutes are passed by legislative body.

◙ Substantive rules state parties’ rights.

◙ Procedural rules determine how courts should settle disputes.

Sources of Our Law Today◙ United States Constitution -- Law of the

Land• Establishes Congress, the Presidency and Courts• Gives to states powers not given to Federal gov’t• Guarantees basic rights to all citizens

◙ State Constitutions• Create state executive, legislative & judicial systems

◙ Statutes – laws passed by federal & state governments

Sources of Our Law Today (cont’d)

◙ Common Law -- established by precedent, or earlier cases decided by courts

◙ Equity – courts may issue rulings such as injunctions to provide an equitable remedy

◙ Administrative Law -- created by agencies◙ Other – treaties and executive orders

Classifications of Law

Criminal Law Civil Law

◙ Dangerous behavior outlawed by society

◙ Government prosecutes accused

◙ Guilt is determined

◙ Punishment or fine is imposed

◙ Regulates rights and duties of parties

◙ Victim, not govern-ment brings suit

◙ Guilt not determined

◙ Compensation is ordered

vs.

Classifications of Law (cont’d)

Substantive Law Procedural Law

◙ Defines the rights of the people

◙ Establishes processes for settling disputes

Public Law Private Law

◙ Sets the duties of government to its citizens

◙ Regulates duties between individuals

vs.

vs.

Actions may be legal, but immoral to some people.

Actions may be moral, but not required by law.

Actions may be required by both moral standards and the law.

Owning slaves in Colonial America was legal, but this violates most people’s moral standards today.

Helping a hurt person is required by moral standards, but is not mandated by the law.

Drunk driving is both immoral and illegal.

Law and Morality

LAW

MORALITY

Jurisprudence, or “What is Law?”

Legal Positivism

Natural Law

Legal Realism

“Law is what the sovereign says it is.”

Decisions stand, regardless of morality.

“An unjust law is no law at all and need not be obeyed.”

Laws must have a good moral basis.

“Enforcement of the law is more important than the law itself.”

Enforcers determine if the law is applied in a fair and consistent way.

QUIGLEY v. FIRST CHURCH OF CHRIST, SCIENTIST

65 Cal. App. 4th 1027, 76 Cal. Rptr. 2d 792, 1998 Cal. App. LEXIS 677

California Court of Appeal, 1998

Case AnalysisFacts: Gayle Quigley and James Wantland had divorced. They had joint custody of their 12-year-old son, Andrew, who lived with his father. James was a member of the Christian Science church, a religion that regards disease as an “error of the mind” and discourages the use of traditional medicine. Members of the faith…

Issue: Did the defendants have a duty to summon medical help for Andrew?

Excerpts from Judge Bedsworth’s Decision: [The judge began by mentioning an earlier California case, in which the state’s highest court ruled that one person generally has no duty to protect another from harm, unless there is a special relationship between the two, such as custody or control...

PLAINTIFF: the party who is suing

DEFENDANT: the party being sued

LEGAL CITATION: where to find the case in a law library

Where and when the case was decided.

FACTS: background information on the case

ISSUE: the question being decided

EXERPTS: the decision -- also called the holding -- and the court’s rationale