Aem 320 Week 1 - Aem 320 Week 1 Aug 23-31 I What is Law A...

Aem 320
Week 1: Aug 23-31
I. What is Law?
A. Establishes relationship and obligations to others
i. Defines rights and obligations to others
1. There are no absolutes, it is about weighing the different interests involved.
ii. Regulates conflicting interests- Sometimes there are different outcomes to similar legal problems
depending on the facts of a case.
1. Nuisance in the use of property- General rule is that everyone who owns property can do
whatever they want on their property. However this right is limited by a neighbor’s right to
quiet enjoyment of their property. (Including condominiums, houses, and apartments).
iii. Is usually prohibitory-You can “do” something unless a behavior is illegal or leads to civil
liability.
1. The law tells you what you cannot do, not what you can do.
B. Law v. Equity
1.
Thryoff Case : discusses the evolution of resolving disputes. In feudal England combat was
used to decide who was right – whatever person God smiles upon should win the case.
ii. Great Britain historically had criminal and civil courts, but there were also dispensers of justice in
ecclesiastical (church run) courts who would mediate justice.
1. Specific Performance (equitable doctrine) or monetary damages (remedy at law) are examples
of different concepts still seen.
ii. Ex. If someone signs a contract to sell you their textbook for $50, you pay and then
never get the book, can you sue? Yes. However, if the same situation occurs and after 10
years you try to sue, is that fair? No, the Statute of Limitation exists because evidence
may be lost and the defendant may have no way of proving innocence. Example of
equitable principle.
C. Substantive v. Procedural law
i. Business Law mainly deals with substantive law. Public substantive law involves the
government and is usually statutory. Lawmakers pass laws and identify what conduct is
illegal. Private substantive law regulates dealing between parties. The government oversees