Introduction to Law Sources of Law Law and

Introduction to Law: Sources of Law, Law and Ethics, 118 -2 OBE-118, Fall, 2004 Professor Mc. Kinsey 1

Introduction to Law Today’s Agenda Nature and Sources of Law Ethics and the Law or, How to avoid being Martha Stewart or an Enron executive 118 -2 2

English Common Law U. S. Constitution State #1 Constitution Federal Courts State Leg State Exec State #2 Constitution Congress Executive Branch Agencies State Courts Agencies 118 -2 State Leg State Exec Agencies Individual or Business 3

Types of Law- Source • • • C S C R O 118 -2 4

Types of Law- Type • Criminal • Civil • Administrative (Quasi Civil) 118 -2 5

Defining the Law • Some law is “black letter” • Most law is very ambiguous and hard to pin down – Court interpretations of statutes – “precedent” – Ethical interpretations – Tradition and practice of police, courts and agencies – Case law or “common law” 118 -2 6

Cases • Cases flesh out and define black letter law as well as create law of their own • When reading a case, what things should you look for that tell you the importance and relevance of the case? 118 -2 7

Jurisprudence, or “What is Law? ” “Law is what the sovereign says it is. ” Decisions stand, regardless of morality. “An unjust law is no law at all and need not be obeyed. ” Laws must have a good moral basis. “Enforcement of the law is more important than the law itself. ” Enforcers determine if the law is applied in a fair and consistent way. 118 -2 8

Applying the Law • Begin with black letter law • Evaluate the moral situation • Apply the moral pressure against the strength of the law 1) The less clear the black letter law, the more likely moral standard determines outcome. 2) The stronger the moral conviction the more likely moral standard determines outcome. 118 -2 9

What Standard? ? ? Questions • Can a judge use his or her own standard? • Must a judge go against his or her own belief? • Does it matter if the judge is elected? Does it matter if the judge proclaimed the particular belief? • What limits legislature? • What limits the majority? 118 -2 10

Overview of this Course Introduction, Defining Law Types of Law Forums Where Law is Applied Torts Contracts Product Liability Secured Transactions Some substantive Bankruptcy areas we Property get to Business Organizations sample Employment Law Antitrust Law 118 -2 11

Next Week • Bring Scantron quizstrips to every class starting next week • First Scheduled quiz is on Thursday of next week • Remember to read before class Tuesday • Next week: The Constitution and Sources of Law 118 -2 12