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Our Laws

Lessons. CHAPTER 1. Our Laws. 1-1 Our Laws and Legal System 1-2 Types of Laws. GOALS. Lesson 1-1. Our Laws and Legal System. Explain the stages in the evolution of law Describe the differences between common law and positive law

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Our Laws

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  1. Lessons Chapter 1 CHAPTER 1 Our Laws 1-1 Our Laws and Legal System 1-2 Types of Laws

  2. GOALS Chapter 1 Lesson 1-1 Our Laws andLegal System Explain the stages in the evolution of law Describe the differences between common law and positive law Describe the difference between law courts and equity courts

  3. Chapter 1 HOT DEBATE • Donna Estes – driving S -- 60 mph in 50 mph zone • Wilma Sexton – driving N -- drinking and weaving in lane -- about to miss turn -- signaled briefly & made abrupt turn  C A R S C R A S H E D 

  4. Chapter 1 Hot Debate • 1) Who was at fault? • Legally – both parties • 2) What arguments would Donna’s attorney present at the civil trial to determine who was negligent? • Prove Wilma was intoxicated • Wilma denied the right of way to Donna • Wilma was far MORE at fault than Donna

  5. Chapter 1 Hot Debate • 3) What arguments would Wilma’s attorney present? • Donna was exceeding the speed limit and therefore negligent • Accident would not have occurred had Donna not been speeding

  6. Chapter 1 WHAT IS LAW? • Laws are enforceable rules of conduct in a society • Code – laws grouped into an organized form

  7. Chapter 1 What’s Your Verdict? • Bixby – believes basic nature of man has not changed, but # of facts we know has multiplied many times over • Lorenzo agreed – “Just compare the laws they had way back then with the ones we have now. We’re still making the same mistakes and still need the same protections from the conduct of others.”

  8. Chapter 1 What’s Your Verdict? Do you think Lorenzo and Bixby are right? • Yes – the need for law has not changed much over recorded history • Still need same protections • Still need protections from the conduct of others

  9. Chapter 1 Why do we need laws? • SOCIETY protect individuals settle disputes between individuals • COURTS settle disputes award damages prevent/punish wrongs

  10. Chapter 1 WHAT IS LAW? Stages in the growth of law • Individuals take revenge for wrongs done to them (gang actions, harm to innocent bystanders) • Awards of money or goods substituted for revenge (sovereign) • Court systems are formed – subjects can go to court to be heard when wronged • A central authority figure intervenes to prevent and punish wrongs

  11. Chapter 1 WHAT IS THE ORIGINOF OUR LEGAL SYSTEM? • Common law v. Positive law • Laws should be predictable and flexible • Common Law – law based on current standards or customs of the people • Positive Law – law based on the dictates of a central political authority

  12. Chapter 1 WHAT IS THE ORIGINOF OUR LEGAL SYSTEM? • 2 greatest systems of law: English common law and Roman civil laws Civil law – written, well-organized statutes in code form Louisiana • English common law

  13. Chapter 1 WHAT IS THE ORIGINOF OUR LEGAL SYSTEM? • Barons acted as judges • laws differed from region to region • hardship on people • difficult for central government to maintain control • The King's courts – always took jurisdiction • Jurisdiction – the power to decide a case • Jury – important to decide cases in harmony with the customs of the people [unique to English common law] • Advantages – ability to adapt to changes in society created a model for the rest of the world

  14. Chapter 1 WHAT IS THE ORIGINOF OUR LEGAL SYSTEM? • Precedent– courts use prior cases as a guide for deciding similar new cases {provides stability in the law} • Disadvantages: rigid adherence to proper form Courts limited to granting the remedy of money damages (harm had to already take place) • Equity: An alternative to common law - fairness

  15. Chapter 1 Equity: An alternative to common law • Nobles could sometimes get around the courts by directly petitioning the king for help. • Not a noble  no recourse • King eventually made Equity Courts available to everyone • Today, Equity & Law courts merged • Chancellors would hear the case • Injunction – court order issued to stop something from being done

  16. Chapter 1 Equity: An alternative to common law • Labor strike in its fifth week • Strikers are tense and angry • Several days – 1,000 picketers gather at main gate • Chanting slogans & jeering those who enter the plant • Crowd throws rocks at workers who cross picket line • A company truck is set on fire and destroyed

  17. Chapter 1 Equity: An alternative to common law • What’s Your Verdict? • What powers do the courts have that would be useful in this situation? • Court could grant a $ award to the company for the loss of the truck • Injunction to limit number of picketers at plant’s entrance

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