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Chapter 1 Test Review

Chapter 1 Test Review. History of Law. Laws. Enforceable rules of conduct in society Reflect circumstances of the times Created in this country by elected officials Statutes - Written laws by elected officials Ordinances - Local Statutes. Differences between. From England

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Chapter 1 Test Review

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  1. Chapter 1 Test Review History of Law

  2. Laws • Enforceable rules of conduct in society • Reflect circumstances of the times • Created in this country by elected officials • Statutes- Written laws by elected officials • Ordinances- Local Statutes

  3. Differences between • From England • Based on people’s decisions (Common man decides your fate) • Trial by jury of your peers • Attorneys • Ability to adapt • Story to tell • From Roman Empire • Based on legally trained people’s decisions • Trial in front of justices • Usually no attorneys • Strict interpretation of the law • Punishment set based on act Common Law Roman Civil Law

  4. Facts • Roman Civil law is most widely practiced form of law in the world today • English Common law practiced in 49 of 50 US states (Louisiana only civil law based state) and at the federal level • Positive law is based on King, queen or dictator and is NOT widely practiced anymore

  5. Common Law Rules • Precedent is an idea that prior court rulings are used as a guide for future cases • Allows law to build over time • Stare Decisis is a Latin term that tells lower courts to follow established case law • Allows courts to use prior court judge decisions to follow

  6. TYPES OF LAW • Criminal- Against society • Civil (Or Tort law)- Against a person or business • Uniform Commercial Code (UCC)- Business based regulations • None of these are federal statutes, but rather they are codes (Grouped laws)

  7. Constitution and law • The Federal Constitution sets the framework for what laws can and cannot be passed • The US Supreme court is always the final interpreter of the constitution • If a law conflict with the constitution, it is said to be……. • UNCONSTITUTIONAL

  8. Who Controls • Administrative Laws- Executive branch (President, governor, mayor) • Statutory Laws- Legislative Branch (Congress, senators, local boards) • Case Laws- Judicial Branch (Judges or justices) • Shamus, stop talking!

  9. Legal Facts • Old English Law separated law courts and equity courts where the US has merged them into “ONE” system • There are “4” distinct stages in the growth of every legal system, with the goal being order • Police will NOT investigate a civil (Tort) matter, only criminal

  10. Jurisdiction • Defined as the power to decide a case • Gives local governments more power and separates power between federal levels, state levels and local levels • Case must be tried in the area it took place • Local judges given authority over case

  11. Criminal Law • Against Society • Based on punishment • Jail, fines or death • Police involved • Guaranteed a lawyer • Burden of proof on the government

  12. Civil Law • Against a person or business • Based on restitution (Money) • Property or personal rights • Police NOT involved • NOT Guaranteed a lawyer • Burden of proof on the plaintiff (Person bringing the case • Also known as tort law

  13. Questions??

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