Chapter 1

Our System
of Law

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The Law in Our World

• Justice and law are hallmarks of a free society
in today’s world.
• Attorneys seek favorable outcomes for their
clients (plaintiffs or defendants):
– Plaintiff: Person who brings a lawsuit against
another
– Defendant: Person against whom a lawsuit is
brought or a violation of law is charged.

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Applications of Law
• Laws apply to all persons, institutions and
organizations:
– Personal Applications of Law
• Example: Traffic laws, Taxes
– Business Applications of Law
• Example: Product Liability, Employment issues
– Government Applications of Law
• Example: Building roads, schools

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Sources of Law
• The body of law affecting persons in our
country is derived from:
1. Constitutional Law
2. Executive Orders
3. Treaties
4. Common Law
5. Precedent
6. Case Law
7. Statutory Law
8. Administrative Law
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Constitutional Law
• Principles and ideals protecting individual
liberty and freedom are incorporated in the
Constitution of the United States (federal
Constitution).
• Also, each state has its own constitution
establishing certain powers to its various
levels of government, and, provide safeguards
for the rights of individuals within the
particular state.

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Executive Orders
• An executive order is a legally binding directive to
agencies of the federal government issued by the
President to implement policy and improve
government operations.
改变
• Executive orders alter the manner in which federal
agencies and officials operate.
– Example: 1863, President Lincoln ordered all those
enslaved to be forever free under the Emancipation
Proclamation.

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Treaties
• A treaty is a written agreement among two or
more countries that establishes the terms of
an international relationship.

• Treaties become legally binding to the U.S.

when approved by 2/3’s of the Senate.

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Common Law
• After the Revolutionary War, the United States
adopted English system of laws used for
centuries known as the common law; still
influences legal decisions today.
• Common law incorporates the practice of
stare decisis, (“to stand on decided cases”)
when relying on previous legal decisions of
similar disputes.

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Precedent
• A precedent is a court decision on which later
courts rely in similar cases.
• Whether a court follows or overrules a
precedent depends on:
– The court that ruled on the case.
– Whether or not the previous case was decided by
a state’s highest court.
– Higher court’s review based on substantial
changes in society and circumstances
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Case Law
• Case Law
– At times a statute or a common law
precedent is difficult to apply to certain
cases.
– In such cases, a court may disregard earlier
interpretations of a statute, a principle of
common law, or, interpret them differently.
– A court’s decision in these cases becomes
new precedent influencing future like cases.

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Statutory Law
• Statutory Law
– Field of law that deals with statutes—laws
passed by Congress or state legislatures.
– Statutes provide specific applications of
powers and rights in federal and state
constitutions.
– Statutes allow governments to respond to
particular public policy issues.
– Ordinance: A law is passed by a local
government, such as a city council.
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Administrative Law

• Administrative agencies are created by federal,

state, or local legislatures to develop and enforce
rules based on law.
• Administrative Law is the body of rules,
regulations, and decisions created by agencies
under particular statutes.
• Administrative agencies reduce need for police
and courts to establish and enforce regulations
on highly technical or specialized matters.
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Uniform Commercial Code

• The Uniform Commercial Code was
established (1952) by the National
Conference of Commissioners on
Uniform State Laws.
• UCC exists to promote effective
commerce across the states.
• The UCC is a set of laws governing
commercial transactions, designed to
bring uniformity to state laws.
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Classifications of Law
• Constitutional law: The study of the federal Constitution, its
interpretation by the federal courts, and its relationship to
existing laws.
• Civil law: The study of the rights and obligations of individuals;
includes the law of property, the law of contracts, and the law
of torts.
• Criminal law: Concerned with acts against society (criminal
acts) and the regulation of criminal activity.
• Administrative law: Concerned with the conduct of
governmental administrative agencies and their regulations.
• International law: Concerned with the conduct of nations in
their relations with other nations.

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Moral Law

• The “law” concerned with the unenforceable

obligations that people have to one another.
– Many legal obligations are based on moral
obligations, but not all moral obligations are
legally enforceable.
– When moral obligations are not legally
enforceable a person’s conscience is the only
means of implementation.

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Moral Law

• Examples of moral law

–A person who sees someone drowning
has a moral obligation to attempt
rescue.
–A person who hears someone screaming
for help in the night has a moral duty to
call the police.

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System of Courts
• There must be a means of administering the law to
protect due process rights of individuals, businesses and
curtail activities of wrongdoers.
• Courts and administrative agencies have been
established to administer the law.
• Federal and state constitutions established a court
system to ensure citizens’ rights; enforce federal and
state statutes.
• Courts are a “check and balance” on legislative and
executive branches of government.
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Court Jurisdiction

• Jurisdiction: Authority or power of a court to

hear cases, as granted by a constitution or
legislative act.
– A court may be limited in authority over
certain types of cases or geographical areas.
– A court has original jurisdiction if authorized
to hear and decide a case when first
presented.

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Court Jurisdiction

• Appellate Jurisdiction: The power to review

decisions of another court.
• Special Jurisdiction: Courts that are limited in
authority to hear only certain kinds of cases.
– Examples: family courts, traffic courts,
bankruptcy courts, and tax courts.

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Supreme Court

• Article III-U.S. Constitution provides for

federal courts; the Supreme Court is the
highest court in the federal system.
• The Supreme Court is the court of original
jurisdiction for certain kinds of cases such as
disputes between and among states.

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Supreme Court

• The Supreme Court:

– Rules on constitutionality of laws.
– Hears appeals from the highest state courts.
– Hears appeals from federal circuit courts of
appeal.
– Hears certain specific original jurisdiction cases.
– Accepts only a small percentage of appeals. It has
no legal obligation to review all decisions from
lower courts.

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Federal Courts

• Federal courts have original jurisdiction in cases

involving federal statutes.
• Federal courts have original jurisdiction in Diversity
of Citizenship cases, i.e. parties are citizens of
different states and amount involved is greater than
$75,000.
• Federal courts also include specialized courts hearing
only specific subject cases (examples: U.S. Tax Court,
Bankruptcy Court, and U.S. Court of Claims).
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State Courts
• State Courts: Each state establishes its own court
structure
– General trial courts: courts of original jurisdiction.
– Handle state law cases such as breach of
contracts, criminal law, & family law.
– Trial courts include municipal courts handling
• Traffic violations, juvenile, domestic relations.
• Magistrate courts hear certain minor violations
of the law or small claims
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