Class 2

Seite 1

Law

body of rules of action or conduct prescribed by controlling authority, and having a binding legal force.

must be obeyed and followed by citizens subject to sanctions or legal consequences is a law

Functions of Law

Law is often described by the function it serves in a society

Keeping the Peace

Shaping Moral Standards

Promoting Social Justice

Maintaining the Status Quo

Facilitating Orderly Change

Facilitating Planning

Providing a Basis for Compromise

Maximizing Individual Freedom

Sources of Law

Constitutional Law

Statutory Law

Uniform Laws

UCC

Administrative Law

Common Law

Stare Decisis

Legal Reasoning

Seite 2

Constitutional Law

US constitution is the supreme law of the land

state cannot provide less protections than US constitution

Statutory Law

detail-oriented

Classification of Law

Substantive Law- consists of all laws that define, describe, regulate, and create legal rights and obligations

Procedural Law-consists of all laws that delineate the methods of enforcing the rights established by substantive law

Civil law

Criminal law

Seite 3

Federal System in the US

Federal Government

Foreign Policy

Interstate Commerce

Federal Taxation

Military

State Government

Whatever is leftover from Federal power

Criminal Law

Family Law

Areas where Federal law does not control the field or expressly supersede state law

Court System in a nutshell

Entry level courts (typically state or federal district courts) - begin legal process by determine fact through evidence, try cases, and impose judgements

Mid level courts (typically state or federal appeals courts)- primary job is to review the lower court judgement for errors. usually appellate courts do not find facts

Highest courts (state supreme court or United States Supreme Court)- review mid level courts decisions. typically, issues of high importance or constitutional law issues

Thoughts on Court System

in most states, district level judges are elected. additionally, many states have elections for the state supreme court

federal judges are appointed for life