Introduction To Law

Front 1

NATURE OF LAW

Back 1

The law has evolved slowly over time, and it continues
to evolve.

Front 2

DEFINITION OF LAW

Back 2

rule of civil
conduct prescribed by the supreme power in a state, commanding what is
right and prohibiting what is wrong.”

Front 3

FUNCTIONS OF LAW

Back 3

maintain stability in the social, political and economic system, while at
the same time permitting change to occur

Front 4

FUNCTIONS OF LAW

Back 4

1. Dispute Resolution 2. Protection of property 3. Preservation of the state

Front 5

Dispute resolution

Back 5

It provides a mechanism and forum to resolve
disagreements between private citizens (civil) or disagreements
between citizens and the state (criminal). Societal remedies within
the legal system have replaced private remedies.

Front 6

Protection of property

Back 6

- Private ownership of property is a
fundamental right in the United States, and our economic system is founded upon that recognition. A crucial function of the law is its protection of a property owner’s use of his or her property, subject to
zoning and other land use restrictions that promote the common
good. The law also facilitates the creation and use of voluntary
agreements (contracts) for the exchange of property.

Front 7

Preservation of the state

Back 7

- In the United States, the law ensures
orderly changes in our leadership, e.g.; elections, legislation, etc. vs.
revolutions, rebellion ..... Barak Obama’s election as the 44th
President of the United States back in November, 2008. Follow that
with voter dissatisfaction with the controversial healthcare overhaul,
bailouts, stimulus packages, and overall government “growth,” and
now the Republicans are back in control of the House of
Representatives. It’s an understatement to say that the presidential
and other elections in 2012 should be interesting …

Front 8

LEGAL SANCTIONS

Back 8

are how out laws are enforced. Sanctions are the
means by which the law enforces decisions of the courts. Sanctions are
what give the law teeth, and that’s true whether it’s civil or criminal.

Front 9

Civil sanctions

Back 9

When a party goes to court and obtains a money
judgment against the other party, that judgment can be enforced
through execution, garnishment, and judicial sale of the judgment
debtor’s property or assets.

Front 10

Contempt proceedings

Back 10

A party failing to obey a court’s rulings can
be subjected to Civil and/or Criminal contempt. With civil contempt,
the court can impose monetary fines. Continued failure to obey a
court’s rulings can result in Criminal contempt, or being put in jail.

Front 11

Criminal sanctions

Back 11

Society, or the government, can sanction
people who fail to obey its criminal laws. The most common forms of
criminal sanctions are fines, imprisonment and capital punishment.

Front 12

LAWS AND MORALS

Back 12

Moral and ethical concepts influence the law, but
morals and the law are not the same.

Front 13

LAW AND JUSTICE

Back 13

Law and justice are two different concepts, but they
are related. Without the law, there can be no justice

Front 14

justice

Back 14

the fair, equitable and impartial treatment of
competing interests and desires of individuals and groups with due regard
for the common good

Front 15

right

Back 15

the capacity a person has, with the aid of the law, to
require another person to perform an act, or to refrain from performing it

Front 16

duty

Back 16

the obligation the law imposes upon a person to perform, or to
refrain from performing an act

Front 17

Substantive law

Back 17

creates,
defines and regulates legal rights and duties

Front 18

Procedural law

Back 18

establishes the rules for enforcing those rights, and the
procedural rules are created according substantive law.

Front 19

Public law

Back 19

the branch of
substantive law that deals with the government’s rights and powers in its
political or sovereign capacity and in its relation to individuals or groups

Front 20

Private law

Back 20

that part of substantive law governing individuals and legal
entities and their relations with each other. Generally, contracts, torts and
property are part of the body of private law.

Front 21

- Civil law

Back 21

defines duties, the violation of
which constitutes a wrong against the party injured by the violation.

Front 22

Criminal law

Back 22

establishes duties, the violation of which is a wrong against the whole community, or society. The primary objective of criminal law is to
punish a wrongdoer;

Front 23

plaintiff

Back 23

The party bringing the lawsuit

Front 24

preponderance of the evidence

Back 24

In most Civil cases, the plaintiff must prove all
of the essential elements of his or her claim by a

Front 25

defendant

Back 25

– this is the person who has committed a wrong against the
plaintiff, and from whom the plaintiff seeks compensation

Front 26

criminal case

Back 26

government prosecutes the action against the
defendant and seeks to punish the defendant for doing or failing to do
(commission vs. omission) an act which public law prohibits. In a criminal
lawsuit, the government is the plaintiff and must prove the essential
elements of its case beyond a reasonable doubt. The standard in a
criminal case is significantly higher than in a civil case.

Front 27

objective of civil law

Back 27

compensate the injured party

Front 28

objective of criminal law

Back 28

punish the lawbreaker.

Front 29

CONSTITUTIONAL LAW

Back 29

Constitutions are the fundamental law of a
particular level of government. They establish the governmental structure
and allocate power among the different levels of government. In other
words, constitutions define political relationships.

Front 30

principle of judicial
review

Back 30

U.S. Supreme Court determines the constitutionality of all laws.

Front 31

common law system

Back 31

having its origins in England. This is an
adversary system, meaning that the parties, and not the court, are
responsible for initiating and conducting litigation. Our legal system relies
on the judiciary as a source of law.

Front 32

civil law system

Back 32

Louisiana, based on a
comprehensive body of legislative enactments called codes and it utilizes
an inquisitorial method of adjudicating disputes. Under the inquisitorial
system, the judiciary takes the lead role in initiating litigation, investigating
facts and conducts presentation of evidence.

Front 33

COMMON LAW

Back 33

- This is “case law” that has been developed over the
years by our courts, and this body of case law sets precedents for
determining current controversies

Front 34

stare decisis

Back 34

Courts can change their rulings
based on the circumstances surrounding the case immediately before it.

Front 35

EQUITY

Back 35

Courts of limited jurisdiction – civil cases are proper in courts of
equity only where the aggrieved (injured) party (called what?) has no
adequate remedy at law. In other words, an award of money damages
won’t make the plaintiff whole.

Front 36

Circuit Courts

Back 36

In MS, the courts of law – where money
damages are awarded

Front 37

Chancery Courts

Back 37

The courts of equity
here – where decrees are rendered

Front 38

- Legislation

Back 38

the primary source of new law and
ordered social change in the U.S

Front 39

- Treaties

Back 39

agreements between or among independent
nations. Only the federal government has the authority to enter into
treaties.

Front 40

EXECUTIVE ORDERS -

Back 40

Law issued by the President of the United States

Front 41

ADMINISTRATIVE LAW

Back 41

Branch of public law created by administrative
agencies in the form of rules, regulations, orders and decisions to carry out
the regulatory powers of those agencies. What might be possible areas of
administrative law?

Front 42

appellant

Back 42

t is generally who lost in the lower court and is initiating the
appeal.

Front 43

appellee

Back 43

won in the lower and is the party against whom the
appeal is taken