978-0134004006 Chapter 1 Lecture Note

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“Where there is no law, there is no freedom.”

John Locke

I. Teacher to Teacher Dialogue

definitions and purposes of law to how our system affects business decisions, to some of the most

important provisions found in the U.S. Constitution. Any one of these subparts can provide the

raw materials for an entire course at the law school level. Our job must start with a self-evident,

but sometimes forgotten, point: this is not law school. We are here not to train future lawyers but

and other practitioners.

The plus side of this dilemma is that because we have such a diverse menu to select from, we

are able to pick and choose our areas of emphasis. For example, if your particular teaching and

research interests lie in the area of ethics and the schools of jurisprudential thought from which

they are derived, then by all means, run with it! Rather than trying to be all things to all people,

studies of what law is and what its role is in the larger scheme of things have always posed

questions virtually impossible to answer. This chapter represents attempts by great thinkers to

answer the unanswerable. It would be far too presumptuous for us to think that we can teach, in a

few hours, what the great philosophers of the world have tried to do over hundreds of years.

good start.

LEGAL HERITAGE

AND THE DIGITAL AGE

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II. Chapter Objectives

1. Define law.

2. Describe the functions of law.

3. Explain the development of the US legal system.

III. Key Question Checklist

 What is law?

 Once you have identified the kind of societal expectation of behavior, what standard of

behavior is most appropriate? Does law codify the standard? Do one or more of the

IV. Text Materials

The first chapter’s objective is an introduction to the historical underpinnings of jurisprudential

What is Law?

Laws consist of rules that regulate the conduct of individuals, businesses, and organizations,

forbidding undesirable activities.

Definition of Law – Law is a group of rules promulgated by a controlling authority, with legal

consequences for lack of compliance.

Functions of the Law – Laws are created to keep the peace, shape morals, promote social

policies, maintain the status quo, facilitate change or planning, promote compromise, and/or to

Fairness of the Law – The American legal system is, overall, a comprehensive and fair system.

Yet it is occasionally misused and abused.

Flexibility of the Law – U.S. law has evolved and grown as a reflection of changes in society,

technology, and commerce. The same general principles that we were established on still exist.

Legal Heritage and the Digital Age

Critical Legal Thinking – The law in the U.S. is permitted to grow and change over time as our

social values change as a society. Having some vagueness to the law, allows it to adapt more

easily.

Landmark U.S. Supreme Court Case: Brown v. Board of Education

This case discusses the application of law where the Supreme Court overturned the “separate but

equal” doctrine that condoned separate schools for black children and white children.

Critical Legal Thinking: The states must treat all individuals in the same manner as others that

Case 1.1 POM Wonderful LLC v Coca-Cola Company

134 S.Ct. 2228, 2014 U.S. Lexis 4165 (2014), Supreme Court of the United States

Facts: POM grows pomegranates and makes juices as does Coke. Coke was basically

mislabeling certain juices as pomegranate juice but the actual pomegranate content was really

Schools of Jurisprudential Thought

There are several different philosophies about how the law developed, ranging from the classical

natural theory to modern theories of law and economics and critical legal studies.

Chicago School, or Law and Economics School, which promotes market efficiency.

International Law: Command School of Jurisprudence of Cuba

Cuba is a one party communist dictatorship that has been ruled by one family since 1959. Cuba’s

History of American Law

English Common Law – English common law, the primary basis for U.S. law, was based on

judges issuing opinion when deciding a case. These opinions became the basis for precedent used

by later judges.

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countries. This portion of the chapter material can be used to introduce students to a broad

individual ingredients are all present, but each is no longer independently identifiable.

Law Courts – These were established following the Norman Conquest of England in

1066 to administer laws in a uniform method. Law Courts emphasized form over

substance.

Merchant Courts – Law Merchant courts were developed as a separate entity to solve

commercial disputes in the Middle Ages. They were not merged into the regular court

system in England until the early 1900s.

Global Law: The Civil Law System of France and Germany

The Romano-Germanic civil law system dates back to 450 B.C., when Rome adopted a set of

Sources of Law in the United States

branches.

Treaties – The Constitution establishes that only the president, upon the advice and consent of

the Senate, can enter into treaties with foreign powers.

adopted by local governmental bodies.

Contemporary Environment: How a Bill Becomes Law

The U.S. Congress is composed of two chambers, the U.S. House of Representatives and the U.S.

Senate. Thousands of bills are introduced in the U.S. Congress each year, but only a small

Legal Heritage and the Digital Age

signed by the president.

State Statutes – State legislatures enact state statutes. Such statutes are placed in code books.

State statutes can be assessed in these hardcopy code books or online.

Executive Orders – The executive branch of the government is empowered to issue executive

orders.

Regulations and Order of Administrative Agencies – Agencies are created to interpret and

Judicial Decisions – Judges issue written decisions explaining their legal reasoning. Doctrine of

stare decisis establishes past court decisions as a precedent for future decisions.

Priority of Law in the United States – The U.S. Constitution and treaties take precedence over

Critical Legal Thinking – This concept gives the law consistency so that citizens are treated

fairly and similarly. Without stare decisis, our judges may have too much untampered authority.

Digital Law

regulate the digital environment.

Critical Legal Thinking – a method of thinking that consists of investigating, analyzing,

evaluating, and interpreting information to solve a legal problem.

IRAC method – examines a law case by issue, rule, application, and conclusion.

Case 1.2 Voting Rights Act Shelby County, Texas v. Holder

133 S.Ct. 2612, 2013 U.S. Lexis 4917 (2013), Supreme Court of the United States

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VRA basically also put a lockdown on the ability of certain Southern states to change any

districts.

V. Key Terms and Concepts

 Administrative agencies—Agencies (such as the Securities and Exchange Commission

and the Federal Trade Commission) that the legislative and executive branches of federal

and state governments are empowered to establish.

passed as law.

 Brown v. Board of Education—A landmark Supreme Court case in which a unanimous

decision reversed prior precedent and held that the separate but equal doctrine violated

Representatives and the U.S. Senate.

 Civil Law—A code of laws applicable to Romans. Also known as the Romano-Germanic

civil law system.

 Code book—Federal statutes are organized by topic into code books.

 Codified law—Federal statutes that have been organized into code books.

 Conference committee—Committee made up of members of both the U.S. House of

Representatives and the U.S. Senate.

 Court of Chancery (equity court)—Court that granted relief based on fairness. Also called

equity court.

judges deciding similar cases.

 Executive branch (president)—A branch of the U.S. government that has the power to

enforce the law. The President of the United States constitutes the executive branch of the

government.

Legal Heritage and the Digital Age

interstate commerce.

 Fourth Amendment to the U.S. Constitution—Protects against searches and seizures

without probable cause.

 French Civil Code of 1804 (the Napoleonic Code)—One of the models used by countries

that adopted civil codes. Also known as the Napoleonic Code.

 Judicial branch—A branch of the U.S. government that has the power to interpret and

determine the validity of the law. Also known as the courts.

 Judicial decision—A decision about an individual lawsuit issued by federal and state

courts.

 Jurisprudence—The philosophy or science of law.

and having binding legal force.

 Law and Economics School (Chicago School)—School of jurisprudence that believes

 Law court—A court that developed and administered a uniform set of laws decreed by

merits at this time.

 Law Merchant—Rules based on based on common trade practices and usage that were

 Legislative branch (Congress)—A branch of the U.S. government that has the power to

merchants.”

 Moral theory of law—Theory that proposes that the law should be based on morality and

ethics.

 Order—A decision of an administrative agency.

counties, school districts, and water districts.

 Precedent—A rule of law established in a court decision. Lower courts must follow the

precedent established by higher courts.

achieving and advancing certain sociological goals.

 Stare decisis—Latin for “to stand by the decision.” Adherence to precedent.

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to.

 Subcommittee—Studies bills sent by the committee. After review, the subcommittee may

either let the bill die or report it back to the full committee.

 Treaty—A compact made between two or more nations.

 U.S. Congress—Branch of the government that creates federal law by enacting statutes.