Stages in the Growth of Law

Stages in the Growth of Law:

• Most societies progress through four stages to establish their legal systems.
• Individuals are initially free to seek revenge for wrongs done to them.
• A leader gains power, compelling those seeking revenge to accept goods or money as compensation.
• The leader delegates authority to a system of courts.
• The leader or a central authority prevents and punishes actions that provoke revenge.
• Stage 1 involves people believing that matters done to others must be repaid; revenge becomes punishment and "justice."
• Stage 2 marks the beginning of a structured law system.
• A leader, known as a sovereign, emerges to resolve disputes and provide judgments.
• Stage 3 involves the leader delegating cases to trusted members to handle, reducing their own burden.
• The leader faces more cases and must provide more judgements.
• Delegated members form courts, allowing conflicts to be resolved more efficiently.
• The leader remains involved only in the most critical cases.
• Stage 4 is characterized by leaders proactively working to prevent breaches of the peace.
  • A framework of laws and corresponding punishments is developed to limit the occurrence of breaches.

Common Law vs. Positive Law

• Laws are based on common law and positive law.
• Laws are supposed to reflect the level of wisdom of the creators.
• Common law uses rules from judges in different cases, with similar cases resulting in similar results based on the current standards/customs of the people.
• Positive law is formally enacted by a sovereign, differing from societal customs and standards.

Origin of the U.S. Legal System

• The world features two primary legal systems: English Common Law and Roman Civil Law; systems that coincide with positive law.
• Roman Civil Law uses written, organized, and comprehensive statutes grouped in code form.
• English Common Law is standard in every U.S. state except Louisiana, which uses Roman Civil Law.
• In England, feudal barons acted as judges, using regional customs for resolutions, but this led to drastically different results.
• King Henry II improved this system by appointing judges with the power to order wrongdoers to pay money or goods to injured parties.
• The King's Bench or King's Court was formed by these judges.
• The feudal baron courts still existed and typically heard minor cases; however, the King's Court held greater authority in major cases.
• King Henry II included people from the region into the decision process; these people were known as a jury in the English Common Law system.
• A key element of English Common Law is the capacity to adapt to societal changes while maintaining legal consistency.

Equity: An Alternative to Common Law

• English Common Law was bypassed due to its flaws: a delay until damages occurred and only damages could be awarded.
• Individuals sought recourse through clergymen, who could issue remedies other than damages, known as an injunction, which prohibits the action(s) being performed.

Sources of Law

• A constitution establishes a government's framework and its relationship with the people.
• Both the U.S. Constitution and state constitutions govern the populace.
• The Supreme Court serves as the final interpreter of the U.S. Constitution.
• Considered the supreme law, the U.S. Constitution must be followed by all other federal, state, and local laws to be valid.
• Constitutions allocate power among the people and their governments, the state and federal governments, and the governmental branches.
• Statutes: Laws created by Congress.
• Each legislative body is composed of representatives elected to create these laws.
• Ordinances: Legislation created by a town or city council, or by a county board/commission.
• Because all states delegate some legislative authority to local governments, towns, cities, and counties can legislate on matters the state has given them authority over.
• These are only effective within the boundary of the local governments that enacted them.
• Case Law is created by the judicial branch of governments.
• When a case is done and a trial is over, one party may appeal the decision for another look with a court of a higher authority.
• When this higher court publishes a decision or opinion about the case, this becomes case law and is used for deciding the case and others like it.
• Case law directly refers to the system of Common Law.
• Case law follows the doctrine of stare decisis – let the decision stand – where courts of lower authority must follow what was ruled above them.
• Stare Decisis is binding to lower courts, but is NOT always binding to our Supreme Court, which can change it if something is wrong.

Administrative Law

• Administrative Agencies: Governmental bodies formed to carry out specific laws.
  • TSA (Transportation Security Agency): Tasked with enforcing safety law for traveling in the United States.
  • ATF (Alcohol, Tobacco, and Firearms): Tasked with regulating and enforcing safety law for alcohol, tobacco, and firearms.
  • FDA (Food and Drug Administration): Tasked with enforcing food and drug safety laws.
• These agencies, created by legislative bodies, are usually controlled by the executive branch.
• Agencies can only create administrative laws if authorized by the legislative body.
• These rules and regulations are more specific than laws created by legislative bodies.

What Happens When Laws Conflict?

• When laws conflict, only one is considered valid.
• The U.S. Constitution is the most authoritative; other laws follow in a hierarchy from most to least authoritative.

Types of Laws

• Civil Law governs when private legal rights of an individual are violated, allowing individuals to seek remedies/damages.
• Private wrongs between individuals are known as torts.
• Criminal Law deals with citizens' rights to live in peace; violations of these rights are called crimes.
• The government investigates alleged wrongdoing on behalf of all people.
• When a person has been tried/prosecuted for these crimes and has been convicted, the result can be a fine, imprisonment, and even execution depending on the state.
• People can commit crimes and torts (violations of criminal and civil law) with the same action.
• Procedural law is all about how rights and responsibilities can be legally exercised and enforced through the legal system.
• An example of procedural law is determining available remedies/damages in a lawsuit and how they are secured.
• Substantive law defines rights and duties, covering things such as murder, theft, breach of contract, and negligence.
• There are two types of procedural law (how things are ran): one for criminal and one for civil law.
• Ethics form the basis for reasoned and impartial decisions on right and wrong.
• Ethics are very important for guiding societies and for distinguishing between good and evil.
• An ethical system combines and organizes these standards, usually set down by an established authority.
• Two examples include the law in the United States as well as religious texts like the Torah and Bible
• Ethical decisions require reason and impartiality.
• Reason is to make decisions without emotions.
• Impartiality means the same standards apply to all.

Basic Forms of Ethical Reasoning

• Ethical reasoning involves two primary styles: consequence-based and rule-based.
• Consequence-Based Reasoning chooses actions that will result in the most "good," but its application is always subjective because "good" is based on the decision maker's perspective.
• Rule-Based Reasoning uses predetermined rules to define what is right and wrong, irrespective of the outcome.
• Actions are never condoned even if they bring about a good result.
• Standards for this system for judging usually comes from a recognized authority.

Ethics Reflected in Laws

• The United States utilizes elected representatives to vote on laws deemed ethical.
• Legislators represent their constituents' views on ethics, voting in accordance.
• This is considered consequence-based ethics, and emphasizes the greatest good for the greatest number.
• Scofflaws intentionally break laws, exhibiting a disregard for legal principles, regardless of the severity.
• In breaking laws, scofflaws weigh the likelihood of being caught and punished against the perceived benefits, demonstrating a lack of integrity.
• Civil Disobedience is violating a law as an open and non-violent protest against a perceived injustice, done for the sake of others.
• Civil disobedience is justified when specific criteria are met:
  • Conflict between a written law and ethical reasoning.
  • Absence of effective political means to change the law.
  • Non-violent nature of disobedience.
  • Disobedience not motivated by personal gain.
  • Public nature of the disobedience, with acceptance of legal consequences.

Documents That Formed a Nation

• Declaration of Independence (1776):

  • Adopted on July 4, 1776, marking the colonies' formal separation from Britain.
  • Thomas Jefferson was the primary author, assisted by John Adams, Benjamin Franklin, Roger Sherman, and Robert R. Livingston.
  • Declared unalienable rights (life, liberty, and the pursuit of happiness) and accused King George III of tyranny.
  • Inspired by Enlightenment ideals, it justified self-governance.

• Articles of Confederation (1781)

  • Created the first framework for national government among the 13 colonies.
  • Established a one-house legislature, where each state had one vote.
  • Amendments required unanimous approval, making changes difficult.
  • The government had no power to tax or regulate trade, leading to economic and political instability.
  • The Articles' weaknesses prompted the Constitutional Convention (1787).

• U.S. Constitution (1787-1789):

  • Drafted in 1787 to replace the failing Articles of Confederation.
  • Established a federal government with three branches: Legislative (Congress), Executive (President), Judicial (Supreme Court).
  • Legislative (Congress): Makes laws.
  • Executive (President): Enforces laws.
  • Judicial (Supreme Court): Interprets laws.
  • Introduced a system of checks and balances to prevent tyranny.
  • Ratification was completed in 1789, with final approval in 1790.

• Bill of Rights (1791):

  • The first ten amendments to the Constitution were added to protect individual liberties and limit government power.
  • Inspired by English legal documents like the Magna Carta and Petition of Right (1628).
  • Key Rights Protected:
  • First Amendment: Freedom of speech, religion, press, assembly, and petition.
  • Second Amendment: Right to bear arms.
  • Third Amendment: Protection from forced housing of soldiers in private homes during peacetime.
  • Fourth Amendment: Protection against unreasonable searches and seizures; requires warrants based on probable cause.
  • Fifth Amendment: Due process, protection against self-incrimination, double jeopardy, and government taking property without just compensation (eminent domain).
  • Sixth Amendment: Right to a speedy and public trial by an impartial jury, to be informed of charges, to confront witnesses, and to have legal counsel.
  • Seventh Amendment: Right to a jury trial in civil cases where the dispute exceeds twenty dollars.
  • Eighth Amendment: Protection against excessive bail and fines, and cruel and unusual punishment.
  • Ninth Amendment: Unenumerated rights: The listing of rights in the Constitution does not mean that people do not have other rights as well.
  • Tenth Amendment: States' Rights: Powers not delegated to the federal government by the Constitution are reserved for the states or the people.

• Civil Rights:

  • Due Process of Law ensures fair treatment in legal matters and protects individuals from government overreach.
  • Established primarily in the Fifth and Fourteenth Amendments.
  • The key protections include being protected from being deprived of life, liberty, or property without due process, Protection from self-incrimination, Right to a fair and speedy trial (Sixth Amendment).
  • Due process is the foundation of criminal justice and civil liberties in the U.S.

• Abolition of Slavery:

  • The original Constitution allowed slavery.
  • Thirteenth Amendment (1865) officially abolished slavery in the U.S.
  • Emancipation Proclamation (1863) freed enslaved people in Confederate-held areas.
  • Abolition of slavery led to racial equality movements and further civil rights amendments.

• Right to Vote:

  • Voting rights expanded over time through constitutional amendments.

Amendments to the Constitution

• Fifteenth Amendment (1870) granted African American men the right to vote.
• Nineteenth Amendment (1920) gave women the right to vote.
• Twenty-Fourth Amendment (1964) eliminated poll taxes.
• Twenty-Sixth Amendment (1971) lowered the voting age to 18.
• Peripheral Rights:
  • Rights not explicitly stated in the Constitution but protected by interpretation.
  • Right to Privacy isn't directly mentioned but is inferred from the Fourth and Ninth Amendments.
  • Used to support decisions on personal autonomy and digital privacy.
  • Freedom of Assembly & Protest is protected under the First Amendment.
  • Equal Protection is guaranteed under the Fourteenth Amendment.

Dispute Resolution

• The judicial system is overused and disputes are often times better solved initially outside of the court
• The best solution is to negotiate a settlement between the parties in disagreement.
• A third party mediator can mediate if a face-to-face negotiation between the parties doesn't materialize; these actions are suggestions rather than a formal ruling.
• Parties are bound and must follow through with arbitrator resolutions.
• A court is defined as a forum that administers justice under the law.
• Courts hear disputes and try criminal cases.
• Courts can award damages or order other appropriate relief in private matters.
• Courts can impose punishment in criminal cases.
• Courts are to follow impartial and thorough procedures to make decisions.
  • There are two levels of Courts: Trial Court and Appellate Court.
• Trial Court:
  • The court where a dispute is first heard, can use witnesses' testimony and uses evidence
  • Applies what it selects as the appropriate law to the case
  • Possesses the power to make initial decisions of fact and law, which is considered as “Original Jurisdiction"
• Appellate Court:
  • Reviews decisions from the lower courts and does not make determinations on matter of fact
  • These courts are only focused on issues of law
  • They will use case law and any other relevant law to come to different decisions
  • Appellate courts will only have lawyers and judges and give specific decisions
• Appellate decisions include affirmed (upheld), reversed (over-turned), amended (changed), and remanded (sent back to the trial court for corrective action or possibly a new trial).

Federal Court System

• The constitution sets up one Supreme Court with multiple lower-level courts so that matter of both criminal and civil can be judged
• During George Washington's presidency, the U.S. Supreme Court (SCOTUS) and 13 U.S. District courts were formed
• By 1891, Congress passed a law creating the federal Court of Appeals along with different other courts that specialized in specific matters such as tax and bankruptcy
• The three main types of federal courts are arranged from most authoritative to least authoritative: -The Supreme Court (SCOTUS) -U.S. Court of Appeals --U.S. District Court
• All three main types of federal courts have general jurisdiction which means that they can hear almost any kind of case.
• The U.S. District Court is the lowest level of federal court with general jurisdiction; this is the trial court of the FEDERAL system.
• The U.S. Federal Courts of Appeals have jurisdiction over the district courts, certain specialized federal courts, and many federal administrative agencies; this power is exercised when the result of a case in a lower court is appealed by one or more of the parties to the case.
• In cases appealed from a lower court, the appellate courts do not accept any new evidence or call witnesses; they review the trial transcripts, appellate briefs, and oral arguments other attorneys to reach a decision on the issues of law raised by the proceeding in the lower court.
• SCOTUS is the most authoritative court out of all the federal courts; the most important function of SCOTUS is to hand out decisions for appellate courts and will hear cases based on writ of certiorari (order to hear) a case.
• The state court system is different from state to state, but usually resembles the Federal Court System
• A typical state's judicial branch has trial courts, appellate courts, and a state supreme court.
• State Trial Courts are the courts of record in the state system; a court of record keeps an exact account of what goes on at trial includes evidence that was submitted, statements, the determinations of the court officials, and the judgment of the court
• The State Courts of Appeals handles appeals from trial courts that is done by a panel of judges to overhear the legal issues asked about.
• Judges at the appellate level make sure that the lower court used the correct law to conduct and resolve the case; they will hand down a decision of either affirmed (upheld), reversed (overturned), amended (changed), remanded (sent back to the trial court for corrective action or possibly a new trial) or a combination of any of these.
• State Supreme Courts handle the most important/complex cases, and typically has a panel of 3 or more judges.
• State Supreme Courts hand down the final decision in the state court system where the only option past the State Supreme Court is SCOTUS

Jurisdiction

• The U.S. District Courts' jurisdiction includes federal questions/cases that arise under the constitution, U.S. law, and U.S. treaties and Lawsuits between citizens of different states, between a U.S. citizen and a foreign nation, or between a U.S. citizen and a citizen of a foreign nation.
• The U.S. Federal Court of Appeals' jurisdiction includes decisions made by district courts as well as certain specialized federal courts, and many federal administrative agencies.
• SCOTUS' jurisdiction includes original jurisdiction over cases affecting ambassadors, public ministers, and consuls and those in which a state shall be party and constitutional questions and all appellate decisions.

Specialized Jurisdiction

• Many states have specialized courts that deal with specific items unique to them; these matters of law include: -- County Courts, Municipal/City Court, Small Claims Courts, Juvenile Courts, and Probate Courts
• County courts deal with minor criminal cases, state traffic offenses, and lawsuits less than $25,000.
• Municipal Courts deal with traffic and city ordinance violations.
• Small Claims Courts deal with Lawsuits less than $2,500
• Juvenile Courts handle younger members of society – those over 13 & under 18 years old in most states where 22 states do not have a set minimum for trying young members of society as adults and PA does not really have a set minimum but hovers around 14
• Probate Courts handles wills & estates when people pass away