Chapter 1 - Intro to Law-2 - CHAPTER 1 CHAPTER 1...

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Unformatted text preview: CHAPTER 1 CHAPTER 1 INTRODUCTION TO LAW INTRODUCTION TO LAW ''The Law is Reason Free From Passion.'- Aristotle THE LAW LAW : Rules governing relationships among individuals and between individuals and society BUSINESS LAW : Rules governing businesses (“artificial persons”) and business practices “The great object of the law is to encourage commerce.” Judge Chambre (1739-1823) Classifications of Law Substantive Defines rights and duties Prohibits criminal acts Procedural Process for asserting rights and enforcing duties Civil or criminal Classifications of Law Public Law • Government in representing society • Criminal, administrative law Private Law Rules that govern people Civil Law Torts, property, contracts Attorneys and the Law • Bachelor + Juris Doctor • Pass bar exam • Practice in state, federal, and special courts • Contingent, hourly, flat fees Professional rules of responsibility Attorney/client privilege Civil, Criminal law Federal and State American Legal System Came from English Common Law Courts of Law v. Courts of Equity Modern American Courts Law and Equity Rules and Procedures Judge or Jury Criminal and Civil LAW AND EQUITY Courts of Law – award money or property as compensation for injury or loss Ex: payment of medical bills Courts of Equity – award non-monetary relief; based on fairness Specific performance – direct someone to act Injunction – direct someone to stop Rescission of contract – put parties back where they started Most courts in US have merged law and equity but still recognize both legal and equitable remedies SOURCES OF LAW CONSTITUTIONS...
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