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| It is a body of rules of action or conduct prescribed by controlling authority, and having binding legal force. That which must be obeyed and followed by citizens subject to sanctions or legal consequences is a law. |
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1. Keep the Peace
2. Shape Moral Standards
3. Promote Social Justice
4. Maintain the Status Quo
5. Facilitate orderly change
6. Facilitate planning
7. Provide a basis for compromise
8. Maximize individual freedom |
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| U.S. legal system is one of the most comprehensive, fair, and democratic systems of law ever developed and enforced. |
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| U.S. law evolves and changes along with the norms of society, technology, and the growth and expansion of commerce in the United States and the world |
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| The Fourteenth Amendment, added to the Constitution in 1868, contains the Equal Protection Clause, which provides that no state shall “deny to any person within its jurisdiction the equal protection of the laws.” |
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| In that case, the state of Louisiana had a law that provided for separate but equal accommodations for African American and white railway passengers. |
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| The philosophy or science of law. |
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| The Natural Law School of jurisprudence |
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| postulates that the law is based on what is “correct.” Natural law philosophers emphasize a moral theory of law—that is, law should be based on morality and ethics. Natural law is “discovered” by humans through the use of reason and choosing between good and evil. |
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| The Historical School of jurisprudence |
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| believes that the law is an aggregate of social traditions and customs that have developed over the centuries. It believes that changes in the norms of society will gradually be reflected in the law. To these legal philosophers, the law is an evolutionary process. |
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| The Analytical School of jurisprudence |
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| maintains that the law is shaped by logic. Analytical philosophers believe that results are reached by applying principles of logic to the specific facts of a case. The emphasis is on the logic of the result rather than on how the result is reached. |
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| The Sociological School of jurisprudence |
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| asserts that the law is a means of achieving and advancing certain sociological goals. The followers of this philosophy, known as realists, believe that the purpose of law is to shape social behavior. Sociological philosophers are unlikely to adhere to past law as precedent. |
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| The Command School of jurisprudence |
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| believe that the law is a set of rules developed, communicated, and enforced by the ruling party rather than a reflection of the society’s morality, history, logic, or sociology. This school maintains that the law changes when the ruling class changes. |
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| The Critical Legal Studies School |
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| proposes that legal rules are unnecessary and are used as an obstacle by the powerful to maintain the status quo. Critical legal theorists argue that legal disputes should be solved by applying arbitrary rules that are based on broad notions of what is “fair” in each circumstance. Under this theory, subjective decision making by judges would be permitted. |
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| The Law and Economics School |
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| believes that promoting market efficiency should be the central goal of legal decision making. This school is also called the Chicago School, named after the University of Chicago, where it was first developed. |
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| Law developed by judges who issued their opinions when deciding a case. The principles announced in these cases became precedent for later judges deciding similar cases. |
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| the king or queen appointed loyal followers as judges in all local areas. These judges were charged with administering the law in a uniform manner, in courts |
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| Court of Chancery (or equity court) |
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| These courts were under the authority of the Lord Chancellor. Persons who believed that the decision of a law court was unfair or believed that the law court could not grant an appropriate remedy could seek relief in the Court of Chancery. Rather than emphasize legal procedure, the chancery court inquired into the merits of the case. The chancellor’s remedies were called equitable remedies because they were shaped to fit each situation. Equitable orders and remedies of the Court of Chancery took precedence over the legal decisions and remedies of the law courts. |
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| based on common trade practices and usage |
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| These rules, known as the “law of merchants,” or the Law Merchant, were based on common trade practices and usage. Eventually, a separate set of courts was established to administer these rules |
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| Constitution of the United States of America |
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| The supreme law of the United States. |
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| legislative branch (Congress) |
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| has the power to make (enact) the law. |
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| The executive branch (president) |
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| has the power to enforce the law. |
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| The judicial branch (courts) |
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| has the power to interpret and determine the validity of the law. |
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| State constitutions establish the legislative, executive, and judicial branches of state government and establish the powers of each branch. Provisions of state constitutions are valid unless they conflict with the U.S. Constitution or any valid federal law. |
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| A compact made between two or more nations. |
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| Written law enacted by the legislative branch of the federal and state governments that establishes certain courses of conduct that covered parties must adhere to. |
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| Law enacted by local government bodies, such as cities and municipalities, counties, school districts, and water districts. |
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| An order issued by a member of the executive branch of the government |
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| Agencies (such as the Securities and Exchange Commission and the Federal Trade Commission) that the legislative and executive branches of federal and state governments are empowered to establish. |
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| A decision about an individual lawsuit issued by a federal or state court. |
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| precedent (Doctrine of Stare Decisis) |
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| A rule of law established in a court decision. Lower courts must follow the precedent established by higher courts. |
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| Latin for “to stand by the decision.” Adherence to precedent. |
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| Codified law: statutes and ordinances |
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| Statutes are enacted by Congress and state legislatures. Ordinances are enacted by municipalities and local government bodies. They establish courses of conduct that covered parties must follow. |
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| Regulations and orders of administrative agencies |
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| Administrative agencies are created by the legislative and executive branches of government. They may adopt rules and regulations that regulate the conduct of covered parties as well as issue orders. |
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| A method of thinking that consists of investigating, analyzing, evaluating, and interpreting information to solve a legal issue or case. |
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| A process that consists of a series of questions and answers and a give-and-take inquiry and debate between a professor and students. |
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A method used to examine a law case. IRAC is an acronym that stands for issue, rule, application, and conclusion.
I = What is the legal issue in the case?
R = What is the rule (law) of the case?
A = What is the court’s analysis and rationale?
C = What was the conclusion or outcome of the case? |
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