Chapter 1: The legal System

“Statutes” = laws

Sources of American Law

- Roots of legal heritage traced to England
- US adopted greatest share of laws and legal traditions from King George III and his
appointed governors
- William the Conqueror and his successors established the king’s court (Curia
Regis) to help create a unified nation
- King’s court began to develop a common set of customs, evolving into common
law, meant to be common to the entire British Kingdom.
- As courts and disputes increased, more important rulings made each year were compiled
into Year Books
- Referred to these as sources of guidance in settling cases similar to decided
- Unique disputes (case of first impression), judges had to create a new law, but
tried to base decisions on previously established principles.
- Today, still rely on this body of judge-made law developed over centuries, called
common law or case law in the United States

Common law: body of laws and authorities among the judicial branches that was a common heirloom
- Subject to change or modification, parliament had total control, people were reflected through
government
- In the US, the will of the people were reflected through the constitution
Case of first impression: A unique dispute that cannot be resolved based off of previous cases

The Doctrine of Stare Decisis

In cases governed by common law, court follows this:
Doctrine: a principle or instruction, not a rule that can never be broken
Stare Decisis: To adhere to decided cases (rule of precedent)
- Holds that similar cases should be decided in a similar manner and should yield a similar result.
- If the court decides that the precedent case is not the same as those in the case and should
not control the ruling, the court may distinguish the two.
- Courts can decides overrule prior decision ( but rarely)
- Strive to avoid earlier cases because it upsets the principle of stare decisis and the
reliance people place on settled law in planning business and personal affairs
Treaties:
- Legal agreements between countries
- According to US constitution, treaty is made by the President with the head of a foreign country
- Must be ratified by ⅔ of the senate, then becomes “Supreme law of the land”
- A conflict of law between a treaty and a state or federal law cause that law to become invalid

Constitutional Law
Articles of confederation was the first version - not good

United States Constitution is the seminal legal document in the country (1787)
- Meanings its a highly influential case which has given rise to a long line of cases following the
original holding

States constitution hold similar importance within borders

- The Constitution establishes the structure of government for political units (federal or state) by
providing for the branches , subdivisions, and functions of gov. And by conferring and denying
powers to each part

Constitution created three branches

- Legislative: Makes the laws
- Congress
- House of representatives: 435 members, number from each state is determined by
population
- NJ: 12 members, 9 democrats, 3 republicans
- NY: 26 members, 15 democrats, 10 republicans
- The senate
- 100 members, 2 from each state
- Executive: President, Enforces the law, can veto legislative
- Judicial: Supreme court, district courts, upholds the law

Supreme law of the land is the united states constitution

The supreme court's job is to interpret the constitution

1. Article 1: Creates in the legislature (congress) the authority to enact laws. Defines the functions,
powers, and role of congress.
2. Article 2: Executive power: the president has the duty to enforce all federal laws.
3. Article 3: Establishes judicial branch, confers power to interpret laws
4. Article 4: Concerns the relationship between states.
5. Article 5: Lays out the means by which the US constitution may be amended
6. Article 6: Confers supremacy of the US constitution, federal laws, and treaties over all other laws

Constitutional Amendments:
Bills of Rights is the collective name of the first ten amendments to the US constitution, freedom of
speech, religion, right to bear arms, etc.
1. 5 Freedoms : religion, assembly, petition, press, speech
2. Right to bear arms
3. Quartering act
4. Rights of the accused
a. Amendment 4. Unreasonable search and seizure
b. Amendment 5: Establishes due process of law (right to grand jury) Double jeopardy.
Right to remain silent
c. Amendment 6: Speedy and public trial
d. Amendment 8: Cruel and unusual punishment
5. Amendment 7: (civil law) Guarantees trial by jury in civil lawsuit
6. Amendment 9: just cause some rights are written down, does not mean other rights that aren’t
written can be denied
7. Amendment 10: If not in the constitution, then the states can decide

Law vs Equity
Law: To provide stability and certainty
Equity: To promote fairness

Preemption: (allows higher level of government to limit or eliminate the power of a lower level
government to regulate specific issues)
- Article 6, supremacy law, federal law takes precedence over state and local law
- Express Preemption: state law directly opposes a local power
- Field Preemption: a clear showing that congress meant to “occupy the field” and displace states
from regulating the subject matter
- Conflict preemption: when simultaneous compliance with both federal and state regulations is
impossible

Administrative Agency: An organization set up by a federal or state government to manage a particular

aspect of the law
- Federal aviation administration and TSA (transportation security administration) to manage
traveling because supreme court can’t micromanage everything
- Part of the executive branch
- Head of agencies are called principal officers

Federalism: power is shared between national and state governments

- Enumerated powers: powers only the national government has
- Declare ware, regulate trade, print money, etc.
- Reserved powers: powers only state governments have
- Establish schools, make rules for elections
- Concurrent powers: shared by both state and national
Secondary vs Primary sources
- Primary law sources: cases statutes and regulations
- Primary if the resource is binding on a judge
- Secondary sources
- Not binding on a judge
- Explain and interpret the law
- Can help find the law through citations
- Illustrate how to use the law in practice
- Ex: legal encyclopedias (will cite primary law sources)
- Ex: Treatise (work of scholarly research), detailed compared to encyclopedias
- When you need details on a single law

Constitutional vs Statutory Law

Statutory Law: drafted and passed by legislature or parliaments, since made by legislature
Constitutional law: whatever provision are mentioned in the constitutions, known as constitutional law,
like freedom of speech, source is the constitution
- Constitutional is superior, supreme law of the land

Civil vs Criminal Cases

Civil: plaintiff (complainer) vs defendant ( wrongdoer)
Criminal: Government prosecutes someone

Public vs Private Law

Private: Regulating relationships with individuals (including companies, labor laws, contracts laws)
Public: Regulate the relationship between the government and the citizens

Substantive and Procedural Law

Substance: the contract you sign in a lease
Procedure: The process the landlord takes when a tenant doesn’t pay rent

Uniform Commercial Code

- Model Laws / uniform laws
- Not exactly the law, a proposal each state has to choose whether to adopt or not
- Contract law for sale of goods practically the same
- Almost Each state has adopted the ucc

Good faith: Broad term used to encompass honest dealing

Natural Law
Natural law is the idea that certain rights or values are inherent by virtue of human nature and universally
cognizable through human reason. Historically, it suggests there's a set of moral and legal principles
inherent to all humans, regardless of legal systems or beliefs.

Example: The concept of human rights can be seen as derived from natural law. For instance, the right to
life is often cited as a fundamental natural right. This means that regardless of what laws a country might
pass, the right to life is considered universal and should be respected because it's a basic principle that
comes from human nature itself, not from man-made laws.

Positivist School
The positivist school is a theory within the fields of law and criminology that emphasizes the importance
of using empirical evidence and scientific methods to study and understand human behavior, including
criminal behavior.

This approach contrasts with the natural law theory, which relies on moral reasoning and the belief in
inherent rights and wrongs that exist independently of human recognition or construction.

Legal Realism
Legal realism is a school of legal philosophy that emerged in the early 20th century, primarily in the
United States, as a response to the prevailing legal formalism of the time. Legal realists challenge the idea
that judicial decisions can be predicted solely based on abstract legal principles or the formal application
of law to facts. Instead, they argue that the law is not a fixed set of rules but a dynamic and evolving
practice that judges shape through their decisions.

Briefing a case:
1. Select a useful case brief format
2. Use the right caption when naming the brief
a. Plaintiff P x Defendanct D (citation)
3. Identify the case facts
a. Who are the parties
b. What is the conflict
4. Outline the procedural history
a. Where did we start, finish, and along the way
5. State the issues in question
a. Is xyz liable for this?
b. Should be framed to be answered with yes or no
6. State the holding in your words
a. Holding is the answer
b. We therefore find xyz guilty…
7. Describe the court’s rationale for each holding
a. The reason for the court rule that way
8. Explain the final disposition
 a. The outcome
9. Include other opinions

Questions

1. How did common law develop?

a. Common law evolved in England after the Norman Conquest as a unified body of law
derived from judicial decisions, rather than written statutes. Over time, judges' rulings
became precedential, guiding future judgments. This system, known as "stare decisis,"
ensured consistency across the country. With British colonization, common law spread
globally and continues to develop through court decisions and legislation.

2. What is a “case of first impression”?

a. A unique dispute that cannot be resolved based on previous cases

3. Explain the principle of “stare decisis”

a. A legal doctrine that obliges courts to follow historical cases when making a ruling on a
similar case. The term translates from Latin to "to stand by things decided." In common
law systems, it ensures continuity and predictability, as it requires judges to apply the
same reasoning and rules as previous courts have done in similar cases, thereby
upholding established precedents

4. Why is the US Constitution so important in this country?

a. The U.S. Constitution is the supreme law of the United States, establishing the
framework of government, fundamental rights, and liberties. It ensures checks and
balances among government branches, defines the separation of powers, and protects the
rights of citizens. Its importance lies in its role as the foundational document that guides
the governance of the country and guarantees the fundamental principles of democracy
and the rule of law.

5. What are the various rights protected in the bill of Rights?

a. The Bill of Rights protects freedoms of speech, religion, press, assembly, and petition;
the right to bear arms; protection against unreasonable searches and seizures; and the
right to due process, a fair trial, and protection from self-incrimination. It also prohibits
excessive bail and cruel and unusual punishment and affirms that rights not enumerated
are retained by the people.

6. Explain the federal powers conferred in Articles I, II, and III. What is the doctrine of separation
of powers?
a. Article I confers legislative powers to Congress, which makes laws.
 b. Article II establishes the executive powers vested in the President, who enforces laws.
c. Article III sets up the judicial branch, with the Supreme Court and other federal courts
interpreting laws.
d. The doctrine of separation of powers is a constitutional principle that divides government
responsibilities among these branches to prevent any one group from gaining too much
power and to provide a system of checks and balances. Each branch has distinct and
separate powers and areas of responsibility so that the powers of one branch are not in
conflict with the powers associated with the others.

7. Differentiate between courts of equity and law. Why are each needed?
a. Courts of Law: These courts grant relief in the form of monetary compensation or
specific actions through the application of statutes and legal principles. Their decisions
are based on the rigid application of established laws.
b. Courts of Equity: These courts provide remedies that are non-monetary and based on
principles of fairness and justice. They can issue orders, like injunctions, specific
performances, or decrees, that require a party to act or refrain from acting in a certain
way.
c. The distinction arose because the rigid application of laws in courts of law sometimes
resulted in unfairness or injustice. Courts of equity were therefore established to offer
more flexible, just, and individualized outcomes. Both are needed to ensure a
comprehensive justice system that can adequately address all kinds of legal disputes,
offering both strict legal judgments and more discretionary, equitable resolutions. Today,
most courts have merged these functions, but the principles of law and equity remain
distinct and guide judicial discretion and remedies.

8. What is preemption and when is a state law preempted by a federal law?

a. Preemption occurs when federal law overrides state law. This happens if: 1) federal law
explicitly says it does, 2) federal regulation fully occupies a field, or 3) state law conflicts
with federal objectives, making compliance with both impossible.

9. What role do administrative agencies play in government? Name a federal agency and a state
agency.
a. Administrative agencies play a crucial role in government by implementing and
enforcing laws, regulating industries, and administering public programs. They have the
authority to create regulations, adjudicate disputes, and issue permits or licenses within
their area of responsibility.
b. Federal Agency Example: The Environmental Protection Agency (EPA) regulates air and
water quality, and oversees environmental laws to protect human health and the
environment.
c. State Agency Example: The California Department of Motor Vehicles (DMV) manages
vehicle registration, and driver licensing, and promotes road safety within the state of
California.
10. What is the difference between a state constitution and the federal constitution?
 a. The federal Constitution sets the framework for the U.S. government and applies
nationwide, while state constitutions govern individual states, often with more detail on
local governance and rights.

11. How would a secondary source of law guide a court?

a. A secondary source of law, such as legal commentaries, treatises, law review articles, or
restatements of law, guides a court by offering interpretations, analyses, and critiques of
primary legal sources (statutes, cases, constitutions). These sources provide context,
explain legal principles, suggest trends in the law, and help judges understand the broader
legal landscape, aiding in informed decision-making. They are especially useful for
complex or unclear legal issues, although they are not legally binding.

12. Explain what a treaty is and when the courts have to follow it.
a. A treaty is a formal agreement between sovereign states or international entities, legally
binding under international law. U.S. courts must follow treaties when they are applicable
to a case, are self-executing, and do not conflict with the Constitution, as treaties are
considered part of the supreme law of the land.

13. What is the difference between statutory law and constitutional law?
a. Statutory law consists of laws passed by legislatures at the federal, state, or local level.
These laws provide specific rules or codes of conduct and can be changed more easily
than constitutional laws.
b. Constitutional law is derived from a country's constitution, serving as the foundational
legal framework that outlines the structure of the government, the distribution of powers,
and the fundamental rights of citizens. It has a higher authority than statutory law,
meaning statutes must align with the Constitution's principles and can be invalidated if
they conflict.

14. What is the difference between public and private law? Give examples/ Give an example of
substantive law. How does the procedural law complement the substantive law?
a. Public Law governs the relationship between individuals and the state, as well as the
structure and operation of the government itself. It includes constitutional law,
administrative law, and criminal law. For example, criminal law involves the state
prosecuting an individual for acts considered harmful to society.
b. Private Law deals with legal disputes between private individuals or entities over
relationships, obligations, and liabilities. It includes contract law, property law,
c. Substantive Law
d. Substantive law refers to the set of laws that governs how members of a society are to
behave. It defines rights and responsibilities in civil law, and crimes and punishments in
criminal law. An example of substantive law is the law prohibiting murder. This law
defines the offense of murder and the penalties that follow a conviction.

e. Procedural Law
 f. Procedural law complements substantive law by providing the methods and means by
which substantive laws are applied and enforced. It outlines how the legal process
operates, including how legal actions are initiated, what procedures must be followed,
and how trials are conducted. For instance, procedural law dictates how a lawsuit must be
filed, the process for conducting a criminal trial, or how evidence is to be presented in
court. It ensures fairness and consistency in the legal process, facilitating the enforcement
of substantive laws.

15. Who brings the charges against the accused in a criminal matter?
a. In a criminal matter, the government brings the charges against the accused. This is
typically done through a prosecutor or district attorney, representing the state or the
federal government, depending on the jurisdiction of the offense.

16. Why are uniform laws important? What is the UCC?

a. Uniform laws, like the Uniform Commercial Code (UCC), ensure legal consistency
across states, simplifying interstate commerce. The UCC standardizes laws on sales,
negotiable instruments, and other commercial transactions in the U.S.

17. What is the definition of “good faith” under the UCC?

a. Under the Uniform Commercial Code (UCC), "good faith" is defined as honesty in fact
and the observance of reasonable commercial standards of fair dealing in the trade. This
definition emphasizes both a subjective component (honesty in fact) and an objective
component (adherence to fair commercial practices), applicable to the conduct of parties
involved in commercial transactions.

18. What is the difference between civil law and criminal law?
a. Civil law deals with disputes between individuals or organizations, typically involving
private rights and remedies like compensation. Criminal law involves actions considered
harmful to society as a whole, prosecuted by the government, and can result in penalties
like imprisonment or fines.

19. What are the differences between the various schools of jurisprudential thought? Which is more
convincing?
a. The schools of jurisprudential thought include:
i. Natural Law: Laws reflect universal moral principles.
ii. Legal Positivism: Law is based on written rules and government authority.
iii. Legal Realism: Law's impact is determined by how it's applied in real cases.
iv. Critical Legal Studies: Law is seen as influenced by social and political factors.
b. Which is more convincing depends on individual perspectives on law's role and function
in society.