Introduction to Law

• System of rules are created and enforced through social or governmental institutions to regulate behavior.
• Complex and multifaceted subject with various branches and specializations.
• Rules are often codified and can be enforced through various mechanisms, including courts, police, and other governmental agencies.
• Legal systems vary between countries, with some having civil law systems and others have common law systems.
• Spans various sub-disciplines.
• Include constitutional law, criminal law, contract law, property law, and tort law.

Sources of Law

• Primary authorities: legally binding sources.
• Statutes are laws enacted by legislative bodies like Congress or Parliament.
• Case law consists of court decisions that interpret and apply statutes or establish legal principles.
• Regulations are rules promulgated by government agencies under authority granted by statutes.
• Constitutions establish the fundamental principles and framework of government, defining the rights and liberties of individuals.
• Secondary authorities: persuasive, but not binding.
• Legal treatises offer comprehensive analyses of legal topics.
• Law review articles provide scholarly commentary on current legal issues.
• Restatements of the Law summarize common law principles.

Legal Systems

• Different countries follow different legal system.
• Common Law: judge-made law, developed on a case-by-case basis.
• Emphasizes the role of precedent in judicial decisions.
• Found in countries like the United States, England, and Australia.
• A legal precedent is a principle or rule established in a prior court decision that is binding or persuasive for a court when deciding subsequent cases with similar issues or facts.
• Civil Law: codified statutes and legal codes are primary sources.
• Relies on comprehensive legal codes and statutes enacted by the legislature.
• Courts interpret and apply the law based on these codes.
• Used in countries like France, Germany, and Japan.
• Religious Law: based on religious doctrines or principles.
• Examples include Islamic law (Sharia) and Canon law.
• Governs various aspects of personal and religious life.

Branches of Law

• Constitutional Law: deals with the interpretation and application of constitutions.
• Defines the structure and powers of government.
• Protects fundamental rights and liberties of individuals.
• Criminal Law: involves offenses against society.
• Defines crimes and prescribes punishments for offenders.
• Prosecution is initiated by the government on behalf of the people.
• Contract Law: governs agreements between parties.
• Creates rights and obligations enforceable in court.
• Covers a wide range of transactions, such as sales, leases, and services.
• Property Law: concerns the rights and interests in real and personal property.
• Includes ownership, transfer, and use of property.
• Addresses issues such as zoning, land use, and environmental regulations.
• Tort Law: deals with civil wrongs causing harm to others.
• Provides remedies for injuries to person, property, or reputation.
• Includes negligence, intentional torts, and strict liability.
• Administrative Law: governs the actions and decisions of government agencies.
• Ensures accountability and transparency in administrative processes.
• Provides mechanisms for judicial review of agency actions.
• International Law: regulates relations between countries and international organizations.
• Includes treaties, customs, and general principles of law.
• Addresses issues such as trade, human rights, and armed conflict.

Legal process

• Litigation: process of resolving disputes in court.
• Begins with the filing of a complaint by the plaintiff against the defendant.
• Involves discovery, pre-trial motions, and trial.
• Ends with a judgment or settlement.
• Alternative Dispute resolution (ADR): methods of resolving disputes outside of court.
• Mediation involves a neutral third party who helps the parties reach a settlement.
• Arbitration involves a neutral third party who renders a binding decision.
• Negotiation involves direct communication between the parties to reach a mutually acceptable agreement.

Legal Professions

• Lawyers: licensed professionals who advise clients on legal matters and represent them in court.
• Duties include conducting legal research, drafting legal documents, and advocating for clients.
• Judges: preside over court proceedings and render decisions on matters of law and fact.
• Interpret laws, assess evidence, and oversee trials.
• Paralegals: assist lawyers with legal research, document preparation, and case management.
• Perform various tasks under the supervision of an attorney.
• Legal scholars: conduct research and analysis on legal issues.
• Publish articles, books, and treatises on legal topics.
• Teach law in academic institutions.

Key legal concepts

• Jurisdiction: Courts authority to hear and decide a case.
• Standing: A party's right to bring a lawsuit based on having suffered harm.
• Due process: Fair treatment through the normal judicial system.
• Equal protection: Ensures that laws are applied equally to all persons.
• Burden of proof: Obligation to prove one's assertion.
• Statute of limitations: Time limit for initiating a lawsuit.
• Res Judicata: Prevents re-litigation of issues already decided in court.
• Stare decisis: Following precedent in deciding cases.

Law is a system of rules enforced by governmental institutions to regulate behavior. Legal systems vary between countries and the study of law spans various sub-disciplines. Primary sources of law include statutes, case law, regulations, and constitutions.