Chapter 1: Introduction to Law
Chapter 1: Introduction to Law BLAW
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This 2 page Class Notes was uploaded by Alex Lazo on Thursday February 4, 2016. The Class Notes belongs to BLAW at University of Texas at Dallas taught by Matthew Polze in Summer 2015. Since its upload, it has received 116 views. For similar materials see Business and Public Law in Business Law at University of Texas at Dallas.
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Date Created: 02/04/16
Chapter 1: Introduction to Law The Role of Law in Society o Law has impact on everything we do and is complex but never theoretical Origins of our Law o Many concepts of US law derived from English law o Common law = Judge made law Also known as the accumulation of precedent Supreme Court can overturn precedent Examples include decisions made in Roe v. Wade and Brown v. Board of Education o Precedent: Judge’s decision based on previous rulings that are similar This ensures predictability for the court’s decision Sources of Contemporary Law o Legislative power power to create laws o Executive power power to enforce laws o Judicial power determine validity of laws o Our fundamental rights are found in the Bill of Rights st Ex. 1 Amendment Statutes o Created in a series of steps: 1. Idea proposed to Congress in the form of a bill 2. House and Senate vote 3. Wins by a simple majority in both House and Senate 4. Goes2to president for approval 5. A majority in both the House AND the Senate can overturn a presidential veto 3 o Stare decisis = “let the decision stand” Ultimately means that precedent is binding Other Sources of Law in the US o Court orders (Injunction) o Administrative agencies: carry out the day to day work of legislative and executive branches Ex. TSA, FDA Criminal and Civil Law o Important: One event can give rise to both civil and criminal lawsuits o Also important: Only the government can prosecute a criminal case o Criminal law: deals with behavior so threatening that society outlaws it o Civil Law: regulates the rights and duties between parties o The Good Samaritan Statute: can protect you even in the event that you are negligent during an attempt to rescue someone Ex. Break rib while performing CPR Goal is to make people feel more inclined to take action Protects you even if the person dies Does not protect you if you caused the event Jurisprudence o Known as the “philosophy of law” 1. Legal positivism: Law is what the sovereign says 2. Natural law: unjust law = no law at all Does not need to be obeyed 3. Legal realism: who enforces the law, and by what process, matters more than what is in writing Main points: 1. Understand the difference between criminal and civil law 2. Be able to determine what powers are held by each branch of government 3. Know the components of jurisprudence
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