what are the four primary sources of law in the united states? what are the four primary sources of...

• What are the four primary sources of What are the four primary sources of law in the United States?law in the United States?• What is the common law tradition?What is the common law tradition?• What is a precedent? When might a What is a precedent? When might a

court depart from precedent? court depart from precedent?

© 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 2

• What is the difference between What is the difference between remedies at law and remedies in remedies at law and remedies in equity?equity?• What are some of the important What are some of the important

differences between civil and differences between civil and criminal law?criminal law?


• Knowledge of “black letter” law is not Knowledge of “black letter” law is not enough.enough.• Many different laws affect a single Many different laws affect a single

business transaction.business transaction.• Ethics and business decision making.Ethics and business decision making.–Ethics: what constitutes right or wrong

behavior.


• Constitutional Law.Constitutional Law.–Found in text and

cases arising from federal and state constitutions.–U.S. Constitution is the

supreme law of the land.


• Statutory LawStatutory Law–Laws enacted by federal and state

legislatures.–Local ordinances.–Uniform Laws (e.g., Uniform

Commercial Code).


• Administrative Law.Administrative Law.–Rulemaking--Rules, orders and

decisions of administrative agencies, federal, state and local.–Administrative agencies can be

independent regulatory agency such as the Food and Drug Administration.


• Administrative Law (cont’d).Administrative Law (cont’d).–Adjudication--agencies make rules,

then investigate and enforce the rules in administrative hearings.


• Case Law and Common Law Case Law and Common Law Doctrines.Doctrines.–Much of the common law is still used

today.–Common law governs all areas not

specifically covered by statutory or constitutional law.


• Case Law and Common Law Case Law and Common Law Doctrines (cont’d).Doctrines (cont’d).–Restatements of the Law: modern

compilations of common law principles found, e.g., in contracts, torts, property and agency.


• Early English Courts of LawEarly English Courts of Law–King’s courts started after Norman

conquest of 1066.–Established the common law—body

of general legal principles applied throughout the English empire. –King’s courts used precedent to build

the common law. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 12

• Stare Decisis.Stare Decisis.–Practice of deciding new cases based

on precedent.–A higher court’s decision based on

certain facts and law, is a binding authority on lower courts.–Helps courts stay efficient.


• Equitable Remedies and Courts of Equitable Remedies and Courts of Equity.Equity.–Remedy: means to enforce a right or

compensate for injury to that right.–Remedy at Law: in king’s courts,

remedies were restricted to damages in either money or property.


• Equitable Remedies and Courts of Equitable Remedies and Courts of Equity (cont’d).Equity (cont’d).–Equitable Remedy: based on justice and

fair dealing a chancery court does what is right.–Today, legal and equitable remedies are

found in the same court.


• Schools of Legal Thought.Schools of Legal Thought.–The Natural Law Tradition.• Oldest and most significant view of law,

basis for natural rights.• Government and legal system should

reflect universal moral and ethical principles.• These principles are inherent in human

nature, can be discovered through right reason.


• Schools of Legal Thought (cont’d).Schools of Legal Thought (cont’d).–Legal Positivism (or Positive Law).• Applies only to citizens of that nation or

society.• No higher law than the nation’s highest

governing body or court.• Laws must be obeyed regardless of

whether they are just or unjust. • No view of “natural” rights.•Morality of a law is irrelevant.


• Schools of Legal Thought (cont’d).Schools of Legal Thought (cont’d).–The Historical School.• Emphasizes the evolutionary process of

law.• Concentrates on the origin and history of

legal system.• Looks to the past to determine laws for

present.• Law derives legitimacy from precedent.


• Schools of Legal Thought (cont’d).Schools of Legal Thought (cont’d).–Legal Realism.• Law must be viewed within the social

context, and judges should take economic and social realities into account.• Sociological jurisprudence tends to be

activistic, e.g., civil rights decisions.• Do not feel bound by past decisions.


• Substantive vs. Procedural LawSubstantive vs. Procedural Law–Substantive: laws that define and

regulate rights and duties.–Procedural: laws that establish

methods for enforcing and protecting rights.


• Civil Law and Criminal LawCivil Law and Criminal Law–Civil: private rights and duties between

persons and government.–Criminal: public wrongs against society.


• National and International LawNational and International Law–National: laws of a particular nation.–Civil vs. Common Law: Civil law

countries based on Roman code (e.g., Latin America).–International: body of written and

unwritten laws observed by nations when dealing with each other.


• Finding Statutory and Administrative Finding Statutory and Administrative Law.Law.–United States Code (USC).–State Codes.–Administrative Rules.

• Finding Case Law (Case Citations).Finding Case Law (Case Citations).–Supreme Court Cases at Findlaw.com.–Federal Court Cases at Findlaw.com.–State Court Cases at Findlaw.com.


http://www.findlaw.com/casecode/supreme.html

http://www.findlaw.com/casecode/courts/index.html

http://www.findlaw.com/11stategov/index.html

Legal cases are identified by a “legal Legal cases are identified by a “legal citation” (or a “cite”) as the sample citation” (or a “cite”) as the sample below:below:Singer v. Raemisch, 593 F.3d 529 (7th Circuit, 2010).

Title: First Party is Plaintiff, second party is Defendant. The parties are

either italicized or underlined.



The case is found in the Federal Reporters, the 3rd Edition, Volume 593,

page 529.



The case was decided by the United States Court of Appeals, for the

Seventh Circuit, in 2010.


what are the four primary sources of law in the united states? what are the four primary sources of...

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