Introduction to Law Concepts

What is Law?

• Law is a system of rules created and enforced by social or governmental institutions to regulate behavior.
• Laws guide individuals, groups, and organizations within society.
• Laws aim to maintain order, resolve disputes, protect rights, and ensure justice.
• Laws are enforceable with penalties for non-compliance.
• Laws apply universally within a jurisdiction.
• Laws aim for justice, fairness, and order.

Different Forms of Law

• Statutory Law: Created and enacted by legislative bodies (e.g., Parliament).
• Common Law: Developed through court decisions and precedents.
• Regulatory Law: Rules set by government agencies managing specific activities.
• Constitutional Law: Laws based on a country's constitution, outlining government framework and individual rights.
• International Law: Agreements and treaties between nations.

Sources of Law

• Constitution: Supreme law, establishing government framework and fundamental rights.
• Statutory Law/Legislation: Laws enacted by legislative bodies.
• Administrative Law: Rules and regulations made by administrative agencies.
• Common Law/Case Law: Developed through court decisions, following precedents.
• Treaties/International Law: Agreements between nations.
• Custom: Local traditions and practices shaping legal principles.
• Religious Law: Legal principles derived from religious texts.
• Scholarly Law: Legal writing and analysis from scholars.
• Equity: Principles of fairness and justice.

Source of Law – The Constitution

• The Constitution is the supreme law.
• It establishes government structures and protects fundamental rights.
• Specific examples may include the Jamaican Constitution, drafted in 1961-62, and effective since Jamaica's independence in 1962.

Source of Law – The Legislature

• Statutes are laws passed by legislative bodies.
• Primary Legislation: Directly enacted by the legislature.
• Secondary Legislation: Delegated rules created by lower authorities.

Source of Law – Administrative Law

• Administrative Law includes rules and regulations made by administrative/regulatory agencies.
• They govern various sectors (e.g., health, environment, trade).

Source of Law – Common/Case Law

• Common Law/Case Law is developed through judicial decisions.
• Decisions establish precedents for future rulings.
• It follows the doctrine of stare decisis (let the decision stand).

Judicial Precedent

• Binding Precedent: Higher courts' decisions bind lower courts, especially in similar cases.
• Persuasive Precedent: Precedents by courts of equal or lower standing influence, but don't bind.
• Stare Decisis: The principle of following previous decisions to ensure consistency.

Early Legal Systems

• Roman Law: Involved the use of prior legal opinions but less formally than modern common law.
• Customary Law: Medieval English law based on local traditions, lacking a formal precedent system.

Judicial Precedent in Modern Times

• Hierarchical System: Modern common law relies on a hierarchical structure, with higher courts setting precedents.
• Ratio Decidendi: The legal reasoning behind a decision, forming binding precedent.
• Obiter Dicta: Comments or observations not essential to the decision, offering persuasive precedent only.
• Case Law vs. Statutory Law: Case law influences statutory interpretation but does not override directly passed legislature.
• Overruling and Distinguishing Precedent: Higher courts can change or distinguish previous rulings.