The Legal System

1. Define:

a. Law

i. Codes of conduct created and enforced by the government to ensure social order, domestic tranquility, and protect the public welfare

b. Politics

i. The art and science of determining who gets what, when, where, and how

c. Judicial review

i. The power of the judicial branch to determine whether or not laws or actions are contrary to the constitution and deem them invalid and unconstitutional

d. Common law

i. Laws created by judges that developed in the absence of any positive law. These laws were developed as a response to the need to find solutions to the pressing issues of the time

e. Malum en se

i. “wrong in itself”; activities which are inherently wrong

2. Functions of Law in Society

a. Bestows benefits on people

b. Creates new programs

c. Reflects society’s values

d. Proscribes certain activities

e. Provides predictability

3. Functions of government

a. Establish justice

b. Insure domestic tranquility (homeland security)

c. Provide for common defense

d. Promote general welfare

e. Secure liberty

4. Functions of courts

a. To resolve disputes/controversies

b. To modify behavior

c. To make public policy (setting judicial/legal precedents)

d. To compensate for harm/injury

5. Kinds of law

a. Constitutional

i. Law deriving from the supreme court and lower courts’ implementation and interpretation of the constitution

b. Common

i. “judge made” law, developed as a response to the need to find solutions to pressing issues; Laws created by judges that developed in the absence of any positive law.

c. Administrative

i. The law that governs the actions of administrative agencies

d. Statutory

i. Laws, called statues, passed by legislative bodies that bestow benefits, impose obligations, or prohibit antisocial behavior

e. Executive order