notes - abl_01

notes - abl_01 - Chapter 1 THE NATURE AND SOURCES OF LAW...

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Unformatted text preview: Chapter 1 THE NATURE AND SOURCES OF LAW Nature of Law and Legal Rights Learning Objectives: 1. 2. 3. 4. 5. 6. 7. Know the "Nature of Law"; Know what "legal rights" are and be able to give examples; Be able to explain how "rights" & "duties" relate; Be able to discuss the right to privacy and its protection (internet use); Be able to list sources of law and examples; Be able to describe the "uniform laws" and purposes of them; Be able to provide classifications of law 2 Nature of Law and Legal Rights Legal Rights: A legal right is the legal power to require another person to act or not to act. Individual Rights: Flow from the US constitution (highest law of the land); provide fundamental rights that can't be altered by lower laws created by statue, ordinance, court decisions, etc.; ex - the right of privacy, which protects us from unreasonable searches and intrusion into or disclosure of our private affairs. Privacy and Technology is growing concern. Legal Duties: A legal duty is an obligation imposed upon a person to act or not to act. Rights and Duties co-exist. 3 Sources of Law Law consists of the pattern of rules established by society to govern conduct and relationships. SOURCES: These rules can be expressed as: Constitutional provisions, Statutes, Administrative regulations, Court Case decisions, Other laws (treaties). 4 Sources of Law Federal (U.S) Constitution Constitutional Law State Constitution Federal (U.S. Congress) Statutory Law State Legislatures Local Gov't (City, County) Federal Administrative Agencies State Administrative Agencies Treaties and Executive Orders Case Law laws made by decisions of a court; also courts may enforce common law rules Common Law made up of tradition and court precedent; may be repealed or strengthened by case law and statutory law. The National Conference of Commissioners on Uniform State Law has drafted statutes on various subjects to try to achieve uniformity among state statutes. Administrative Law 5 Sources of Law STUDY HINT: 1. Priorities of laws: Laws can conflict with one another; when they do, there are 2 priorities to look at: Level of Government Creation: 1. 2. 3. Federal State Local 2. Source of Law: 1. 2. 3. 4. Constitutional Statutory Administrative Case/Court Decision 6 Sources of Law UNIFORM STATE LAWS There are proposed laws drafted by the National Conference of Commissioners on Uniform State Laws (NCCUSL) that are proposed to state legislatures. Uniform expectations from state to state as to how matters will be handled. Example Uniform Commercial Code (UCC); business transactions between businesses/merchants; covers many areas of commercial transactions 7 Classification of Law Classification of Law: How to put a type of law into a category so it can be understood Substantive v. Procedural: Substantive law creates, defines and regulates what rights and liabilities. Procedural law specifies how rights and liabilities are enforced. Origins how laws came to be: Civil law is of Roman origin; Common law is of English origin; Merchant law is from many sources. 8 Classification of Law Subject Matter of the Law: Law may be described in terms of the subject to which it relates, such as tort law, property law, probate/estate law, employment law, contract law, etc. Nature of Relief Sought: A special category of law is the principle of equity, used in special cases for which the standard law does not provide adequate remedy. STUDY HINT LAWS CAN HAVE MORE THAN ONE CLASSIFICATION; (they aren't exclusive); 9 ...
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