UNIT I: THE LEGAL SYSTEM AND
BASIC PRINCIPLES OF LAW
1
INTRODUCTION TO LAW
GENERAL COMMENTS
This chapter is designed to stimulate the interest of your students in learning about law. To do so, we
have departed from the textbook norm in most chapters by reaching back about one hundred years, a
single (modern) lifetime ago, to draw societal comparisons between then and now in the early years of the
early years of this century.
We discuss a garden variety of societal issues in 1900 to call student’s attention to how completely
different life is now. Our legal system coped well with the changes of the twentieth century and has
empowered itself in the process. We attempt to make students think about the role of the essentially
unelected legal branch in shaping our society. To the extent legislatures and executives avoid the
on legal reasoning by introducing the common-law principle of stare decisis. This section of Chapter 1
may or may not excite the average student, but an understanding of our common law is dependent upon at
least a sketchy understanding of its origins including a discussion of the alternatives presented to a court
when applying the doctrine of stare decisis.
1
2 Chapter One
We follow the ancient sources with modern sources of law, dramatizing the evolution of the law we
inherited from England to the modern law of our nation. Classifications, modern definitions, and legal
terms are introduced, as well as the distinction between law and ethics, as exampled when David Cash, Jr.
The case of Eric J. v. Betty M. raises a troubling topical issue — the duty to act. The law is clear and
largely uniform throughout the states, but troubling to many. The case allows a discussion on the limits of
the law and the importance of ethics. Hopefully you can blend in a discussion of the introductory legal
concepts, and also use ethical reasoning to test student reaction to the legal rule regarding duty to act.
Compared to cases we have used in the past, this is a not a case we expect you have seen before. The
CHAPTER SUGGESTIONS
1. This chapter is introduced during the first day of class when students are acclimating to the
professor, the course syllabus, and to each other. The first week, before any variety of collaborative
teaching methodology can be established, is an effective time to reach back to the beginning of the
20th century, painting a picture of relative simplicity of society compared to now. Females could
not vote nor obtain a legal abortion in 1900 — today they can. Cocaine could be purchased in a
drug store in New York City in the early 1900’s. Times change and the laws change. Entering a
new millennium, can our students see females winning the legal right to comparable pay in
employment or do they expect females will fall further behind? Do new changes in affirmative
action portend a change in civil rights generally? Should society discriminate against older workers
by replacing them with less costly new employees? Should the government encourage or
Introduction to Law 3
2. (1) In addition to, or as an alternative to, the broad questions suggested above, we assign designated
specific legal terms for subsequent oral definition. (2) Our experience suggests that all students
assigned terms have become involved with the content of the chapter. (3) Answers are shorter, and
3. Finally, we have found that relating current events to issues under discussion is very helpful.
4. One method to begin class is to give the student a 10 or 20 question multiple choice test using
questions that you might give them on a final. This pre-test will give both the students and the
FOR CRITICAL ANALYSIS
Eric J. v. Betty M.
1. This question asks students to apply the chapter discussion of ethics to an actual problem. Try to
encourage the analysis before the students make a value judgment.
ANSWERS TO QUESTIONS AND PROBLEMS
1. You do not have to predict many years into the future before your predictions get risky. It will be
interesting to hear what students think will happen regarding current terrorist threats and the variety
of existing ways to harm large numbers of people. More mundane topics such as spam and even
identify theft should be interesting to speculate about.
2. Statutory law is prospective and can be broadly created. Common law is specific and retroactive.
Jeremy Bentham’s famous criticism of the common law helps illustrate this contrast. He
referred to the common law as “Dog Law” because it was after the fact. Something is done and then
a person may well be punished for it and told they should have behaved differently. Some strengths
4 Chapter One
3. This question gives the student the opportunity to apply some of the classifications and definitions
mentioned in the chapter.
Civil law deals with the duties that exist between persons or between persons and the
government (excluding the duty to refrain from committing crimes).
Criminal law has to do with wrongful conduct that offends, injures, or threatens society as a
a: Makes it illegal for anyone under the age of 23 to possess a can of aerosol spray paint unless
licensed by the state to do so.
criminal law — The statute is a criminal law statute. The term “illegal” means to so act would
be in violation of a penal statute. The public is the injured party and would bring the action.
public law — All criminal law is public law, as it relates to the relationship between individuals
and their government.
substantive law — The statute is substantive law, because it defines and prohibits a wrong and
defines an individual’s duty to act.
b: Establishes an application form and sets a filing fee to obtain a spray-paint-possessor’s license.
c: Defines the tort of spray-paint trespass and indicates the circumstances under which victims can
sue and recover damages from spray-painting violators.
civil — The statute provides rights and duties between individuals.
private — The government’s only involvement is through the court forum for disputes, and as a
potential enforcer for private parties.
substantive — Defines a new duty which, if breached, creates a right in an injured plaintiff.
Introduction to Law 5
4. Majority opinion — A written opinion by a judge outlining the views of the majority of the judges
of the court deciding the case.
Concurring opinion — A written opinion wherein a judge agrees (concurs) with the result reached
by another judge, but does so for different reasons than those stated by the other judge.
Dissenting opinion — A written opinion by a judge or judges who vote contrary to, and in
disagreement with, the majority opinion and holding of the court.
5. Technically yes, practically no. As a practical matter, every person with any kind of significant
legal problem is well advised to engage the services of an attorney. Self-help legal books are widely
6. Exclusively a crime: Choice d (statutory rape). Although a good argument can be made for battery
as Monica being a minor cannot consent to the seduction whether crime or tort.
Both a crime and a tort: Choices a (armed robbery and conversion, possibly assault), b (rape and
7. Appellate courts would be concerned with issues (a) and (e). The other issues are matters to be
decided by either jurors or attorneys. For example, issue (b) is a matter for jurors, to either believe
or disbelieve a witness. Issue (c) also is a matter that is exclusively for the jurors. Issue (d) is a
matter for lawyers, to decide what evidence to produce, what witnesses to call, what questions to
ask, etc.
8. This is, of course, an open-ended discussion question. The most commonly cited solution to our
overburdened Court is the establishment of some sort of specialized division of the Supreme Court.
6 Chapter One
9. Any discussion should include Mandy’s personal responsibility as well as the responsibility of
others. A distinction can be drawn between those she was with and those she causally met. Any
10. Using modern categories of law characterize each provided rule.
Code of
Hammurabi Procedural or
substantive? Public or Private? Civil or Criminal? Societal Purpose
3. If any one bring an
accusation of any
crime before the
elders, and does not
prove what he has
charged, he shall, if it
be a capital offense
charged, be put to
death.
Substantive. The law
creates a new crime.
Inappropriate claims.
Public Criminal Discourage false
claims
Introduction to Law 7
witnesses have not
appeared within the
six months, he is an
evil-doer, and shall
bear the fine of the
pending case.
person does not
comply. purported
knowledge.
11. In the United States, any judge offering an opinion about the case to the press would be violating
his duty as a judge. A judge’s responsibility is to hear evidence in court with all parties present and
not to prejudge what he or she is to hear. Also any judge is expected to not comment on any
specific litigation before the court except in court or specifically to involved parties not the public.
As to the rest of the question, the student should make and justify his or her answer. This question
should provide an interesting discussion of duty-based religious ethics. Whether apostasy is a
criminal act mentioned in the Koran is argued vehemently within Islam.
12. Whether anybody reads all the published appellate decisions that continually flow is not critical.
8 Chapter One