Chapter 1: The Nature of Law
- The Types Of Law
- Constitutions
- Laws that determine the fundamental political principles of a government
- Used by both state and federal governments
- Have various functions
- Set up the structure of a government by creating branches and subdivisions and laying out the powers provided to each branch and subdivision
- Prevent other units of government from taking certain actions or passing certain laws (I.e., the Bill of Rights to the United States Constitution prohibits government action that restricts specific individual rights such as freedom of speech, freedom of association, etc.)
- Statutes
- Laws created by elected representatives in Congress or a statute legislature
- Some federal statutes include the Clean Water Act, the Federal First Offenders Act, and the Patriot Act
- Common Law: judge-made law
- If a case is not governed by a statute or other type of law, judges will apply case law or common law
- Stare decisis: the practice where judges follow the decisions of other judges (I.e., when deciding a case involving race discrimination, a judge might look to the U.S. Supreme Court case, Brown v. Board of Education, as a basis for its decision)
- Restatements
- Collections of common law (and sometimes statutes) that cover various areas of law
- Because they are created by the American Law Institute, and not judges, they are not binding on courts but do provide persuasive authority
- Equity
- A body of law focusing on fairness rather than rigid rules
- Equitable remedies include:
- Injunction: a court order forbidding or requiring a party to act
- Specific performance: an order requiring a party to perform as promised in a contract
- Reformation: a court rewriting of contract terms to reflect parties’ intentions
- Rescission: a cancellation of a contract, returning parties to the position they were in before their agreement
- Administrative Regulations and Decisions
- Laws created by administrative agencies such as the Environmental Protection Agency and U.S. Immigration and Customs Enforcement
- Congress gives the agencies the power to make laws through a delegation (or grant) of power
- Agencies make two types of law:
- Administrative regulations: laws published in one source such as the Code of Federal Regulations
- Agency decisions: statements from internal courtlike structures
- Treaties
- Agreements between the United States and foreign governments, such as the North American Free Trade Agreement or NAFTA
- Considered the “supreme law of the land” if made by the president and approved by two-thirds of the U.S. Senate
- Ordinances: enactments by counties (i.e., Ventura County, Los Angeles County, Orange County) and municipalities, such as zoning ordinances
- Executive Orders: laws issued by the President of the United States or a state governor
- Priority Rules: when different types of laws conflict, courts apply the following rules
- Federal supremacy: federal laws (Treaties, the U.S. Constitution, Federal Statutes) trump conflicting state laws
- The federal constitution trumps other federal laws and state constitutions trump other state laws
- When a treaty conflicts with a federal statute, the law enacted last will prevail
- Statutes trump administrative decisions and regulations
- Statutes and any laws derived from them trump inconsistent judge-made law
- Classifications of Law
- Criminal law (government prosecutes someone for committing a crime – I.e., California v. OJ Simpson) and civil law (obligations owed by private parties to one another – I.e., the lawsuit filed by the Brown and Goldman families against OJ Simpson for wrongful death)
- Substantive law (rights and duties of individuals in society) and procedural law (controls the behavior of courts and other government bodies)
- Public law (concerns government powers and relations with private parties) and private law (concerns rights and duties by parties owed to one another)
- Jurisprudence: legal philosophies
- Legal positivism
- Defines law as the command of a recognized political authority
- Views legal validity as separate from moral validity
- Natural law: contends that some higher law or set of universal moral rules binds all human beings
- American Legal Realism
- Defines the law as the behavior of public officials as they deal with matters before the legal system
- Feels that modern judges are social engineers who should weigh all relevant values and consider social science findings when deciding a case
- Sociological Jurisprudence
- A general labeling unit for several different approaches that look at law within the context of society
- Most schools are concerned only with the fact the moral values influence the law, but do not focus on the merit of moral values
- Other Schools of Jurisprudence
- Law and Economics Movement: examines legal rules by looking at economic theory and analysis
- Critical Legal Studies: usually regards law as the result of political calculations and the biases of lawmakers
- The Functions of Law
- Peacekeeping
- Checking government power and promoting personal freedom
- Facilitating planning
- Promoting economic growth
- Promoting social justice
- Protecting the environment
- Legal Reasoning
- Case Law Reasoning
- Stare decisis: Courts look to prior cases (known as precedents) for legal rules
- If a prior case is not similar enough to the case the judge is deciding, the judge can distinguish the prior case and then create a new law to govern the current case
- Statutory Interpretation
- If the statute’s words have a clear, common, accepted meaning, courts will often apply the statute according to the usual or plain meaning of the words
- Courts will refuse to follow the plain meaning, however, if legislative history (such as congressional hearings) reveal a contradictory intention or purpose
- Courts occasionally interpret statutes to reflect general public purposes
- Courts sometimes defer to prior cases and administrative decisions to interpret a statute
- Courts may apply maxims (general rules of thumb) to interpret statutes
- Limits on Court Power
- Respect of established precedents (prior cases) and the will of the legislature
- Fear of being overruled by a higher court
- Politics/Fear of being removed from office
- Requirement that parties present a real dispute, i.e., courts generally do not issue advisory opinions (decisions regarding abstract legal questions unrelated to an actual dispute)
- Parties must have standing to sue: a direct, tangible, and substantial stake in the result of the case
- However, state and federal declaratory judgment statutes allow parties to determine their rights and duties even though their dispute has not yet caused harm and required legal relief