Introduction to Law

• Law involves a set of rules recognized by a country or community that control people’s actions.
• Laws are enforced through penalties like fines or imprisonment.
• Governments use the power of law to maintain order.

Types of Law

• Natural Law focuses on moral goodness, distinguishing between right and wrong.
• Historical Jurisprudence posits that law is shaped by the will of the people, evolving gradually.
• Utilitarian Law aims to maximize happiness and minimize pain, suggesting laws should increase happiness and reduce harm.
• Analytic Positivism defines a rule as law if it adheres to established procedures, irrespective of personal feelings.

Objectives of Law

• Law acts as the foundation of society, influencing cultural, political, and economic beliefs.
• Public Law includes constitutional, criminal, and administrative regulations.
• Private Law governs relationships between individuals.
• Laws should be just, quick, and affordable to ensure justice, speed, and economy.
• Law shapes and responds to societal issues such as race and gender via public policy.

Origin of Law in the U.S.

• English Common Law originated from local customs, with disputes settled by local courts.
• Royal Influence involved the king’s writs directing the courts, while church courts addressed religious issues.
• National Law replaced local practices, applying common law throughout the country.
• Earlier decisions act as guides for future ones through precedents.
• Doctrine of Stare Decisis means to “stand by what the higher court decided.”

Court Procedure

• Initiating a case starts with a complaint & writ of summons, which is a formal request by a lawyer.
• Discovery is the process where both sides exchange information.
• Judgment is the court’s final decision in a case.
• Pretrial Conference is a meeting between the court and lawyers to prepare for trial.
• ADR (Alternative Dispute Resolution) includes mediation as a means to resolve disputes outside of court.
• A trial can occur with a jury or judge alone.

Key Court Terms

• Plaintiff is the person bringing the case to court.
• Defendant is the person being charged in court.
• Appellant is the defendant who is appealing a court decision.
• Appellee is the opponent in an appeal, often the state.
• Holding is the court's rule of law applied to the specifics of the case.

Due Process

• Due process ensures no one is deprived of life, liberty, or property without legal procedures.
• The 5th and 14th Amendments protect against unfair actions by the government.
• Substantive Due Process refers to challenges against a law for violating a person’s fundamental rights.

Constitution

• The U.S. Constitution is the foundational document for the rule of law.
• The Constitution grants specific powers to the federal government and reserves other powers for the states.
• Federal law can override state law due to the Supremacy Clause.
• Legislation refers to laws made by the government with police power referring to the authority of the government to regulate for public safety.
• The powers of different branches of government are checked via Checks and Balances.

The Judicial System

• Trial Courts determine facts and apply the law.
• Appellate Courts review decisions made by trial courts.
• The Federal Court System hears cases involving federal law.

Common Law Remedies

• Ejectment is a remedy for regaining possession of land.
• Replevin is a remedy for getting personal property back.
• Damages refers to money awarded for injury or loss; compensatory damages cover actual loss. Punitive damages punish the defendant.

Equitable Remedies

• Injunction are court orders to stop or start actions.
• Specific Performance is where courts order someone to fulfill an agreed-upon action.
• Rescission cancels a contract.
• Restitution returns property or money.

Explore the rules that govern society and maintain order, enforced through penalties and shaped by moral principles. Discover the objectives of law, including justice, efficiency, and affordability. Understand the different types of law, such as Natural Law and Utilitarian Law.