System of moral and ethical principles that are inherent in human nature and that people can discover through the use of their natural intelligence, or reason.

• Dates back to time of Aristotle - One of oldest schools of jurisprudence. (350 BC)
• Believed to be higher than positivist law.

Also called NATIONAL LAW.  It is the written law of a given society at a particular point in time and applies only to the citizens of that nation or society.

Those of the positivist school believe there is no higher law than a nation's positive law.  They believe there are no natural rights.  These rights are given through established laws.  The law is the law and must be obeyed whether "good" or "bad" to prevent anarchy.

1920's-1930's a group of jurors and scholars rebelled against historical law and created legal realism.

• Law is one of many institutions in society
• Shaped by social forces and needs
• Take into consideration social and economic factors for court decisions.
• Believe law cannot be applied with uniformity.

• Promotes justice in society.
• Strongly influenced by legal realism and considered a part of legal realism.
• Example is the civil rights movement.

1. Constitutional Law
2. Statutory law
3. Administrative law
4. Case law and common law doctrines.

Both the U.S. and state constitutions that set forth the general organization, powers, and limits of their governments.

• US Constitution is:
• Supreme law of the land
• basis of all law in the US

State consistutions are supreme within their states unless in conflict with US constitution.

• Laws enacted by legislative bodies at any level of gov't, such as the statutes passed by Congress or by state legislatures.
• When statutes are passed they are ultimately included in the federal code of laws or relevant state code of laws.

• Statutes (laws, rules, or orders) passed by municipal or county governing units to govern matters not covered by federal or state law. 
• Typically have to do with zoning, building codes, and other local matters.

• Adopted by all states, D.C., and Virgin Islands in 1952
• Flexible set of rules regulating comercial transactions.
• Assures businesspersons that their contracts will be enforced if validly entered into.

Admin Law = Rules, orders, and decisions of administrative agencies.

Admin Agencies = Fed, state or local gov't agency established to perform a specific function. (e.g. FDA)

Agency existing within the cabinet depts of the executive branch.  The FDA is an agency within the dept of Health and Human Services.

• Subject to powers of the president who appoints members of the agencies.

At the federal level such as the Fed trade commission or the SEC, and the FCC.

• Less effected by president's powers.
• officers serve fixed terms and can't be removed without just cause.

Important source of American law.

• Include interpretations of constitutional, statutory, and administrative law.
• Doctrines and principles announced in cases.
• governs all areas not covered by statutory or administrative law and is part of common law.

After the Normans conquered the English in 1066, Common Law was established as a uniform set of customs for the country as a whole.

• At first it was a set of general rules that applied throughout the entire English realm. Now it is a part of the U.S. as well.
• Common law is established over time as judges rule on different cases.  Those rulings remain as part of common law.

The legal means to enforce a right or redress a wrong.

• If one person wronged another, the courts could award the victim 1) land, 2) items of value, and 3) Money.

These were the three remedies (land, items of value, and money) originally issued by the courts of law in early England.

• Today we mostly see remedies in the form of monetary damages.

An amount given to a party whose legal interests have been injured.

In early times if people wanted anything other than economic remedy, they received nothing.  No remedy, no right.

Remedies granted in the courts of equity

• Included specific performance - ordering a party to perform an agreement as promised.
• injunction - Ordering a party to cease engaging in a specific activity or to undo some wrong or injury.
• Rescission - The cancellation of a contractual obligation

Means "To stand on decided cases" in Latin.  

1. Decisions made in higher courts are binding in lower courts.
2. A court should not overturn its own precedents unless there is a compelling reason to do so.
3. It allows greater efficiency in decision making AND makes the law more stable and predictable.

1. Issue
2. Rule
3. Application
4. Conclusion

1. Deductive Reasoning
2. Linear Reasoning
3. Reasoning by Analogy