Chapter 1- Introduction to Law Role of Law in Society
Power
Strong reach of the law touches nearly everything we do
Everyone will influence and be affected by the law
Importance
Every society with a historical record has had some system of laws
Many societies contributed ideas
Solved the problem of federalism
Fascination
Television- Offers at least one new courtroom drama to a national audience
Origins of our Law
English roots
Land- Most valuable commodity
Statute of frauds: Law must be in writing
Landlord- tenant law
Precedent: Tendency to decide current cases based on previous rulings
Common law: Judge- made law, case law (what came from the cases)
Law in the United States
Some laws were irrelevant in a world that was socially and geographically so different
Changing conditions raised new legal questions
9/8/14
Sources of Contemporary Law
Statute: Law created by a legislative body
Bill- Idea for a new law
Common Law
The principle that precedent is binding on later cases is called stare decisis - “let the decision stand”
50 State Government
Legislative Branch passes statutes on state law creates state agencies
Executive Branch proposes statutes signs or vetoes statutes oversees state agencies
Judicial Branch create state common law interpret statutes review constitutionality of statutes and other acts
One Federal Government
Legislative Branch-Congress passes statutes ratifies treaties creates administrative agencies
Executive Branch- President proposes statutes signs of vetoes statutes oversees administrative agencies
Judicial Branch- Federal Courts interpret statutes create (limited) federal common law review the constitutionality of statutes and other legal acts
Federal Government 50 State Governments
Legislative Branch Congress State Legislatures
Executive Branch President Governors
Judicial Branch Federal Court State Courts
Court orders
Judges