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Chapter one The Nature & Sources of

Law
Why have laws? To serve a need for rules and order.

LAW The order or pattern of rules that society establishes to govern the conduct of
individuals and the relationships among them

A: Nature of Law & Legal Rights

1) Legal Rights the law consists of the body of principles that govern
conduct and can be enforced in courts and by administrative agencies, the
law can be described as a collection or bundle of rights

RIGHT Legal capacity to require another to perform or refrain from performing an

act. These rights are determined by constitutions, statutes, and ordinances 4
DUTY obligation of law imposed on a person to perform or refrain from performing
certain acts4
2) Individual Rights these rights are given to us by the U.S. Constitution
and cannot be taken away or violated by any statutes, ordinances, or
court decisions and provide the framework for the structure of
government and other laws4
3) Right of Privacy two parts, first is the right to be secure against
unreasonable searches and seizures by the government; second part
protects individuals against intrusions by others. (no public life for private
citizens)

EXP: OJ evidence exclusion from Bronco because officers searched before

obtaining a warrant i.e. 4th amendment violation OR Arizona v. Gant cuffed
driver search5

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RIGHT OF PRIVACY - The right to be free from unreasonable intrusion by others 5
4) Privacy and Technology technology affords others the ability to
eavesdrop and intercept electronic messages (hackers) Bank customer
protection for information and accounts
(FERPA) Family Educational Rights and Privacy Act (1974) prevents
colleges and universities from releasing grade information to a third
party without the student consent.

B: Sources of Law
1) Constitutional Law branch of the law that is based on the constitution for
a particular level of government.

CONSTITUTION A body of principles that establishes the structure of a

government and the relationship of the government to the people who are governed
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A constitution is generally a combination of the written document and the

practices and customs that develop with the passage of time and emergence of new
problems, at any given time each state is governed by the Federal and a State
constitution.

STATUTORY LAW - legislative act declaring, commanding, or prohibiting something

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2) Statutory Law Both Congress & state legislators enact stat laws. State
level stat laws govern the creation of corporations, probate of wills, &
transfer of title to property. City level stat ords are traffic laws, pet
records, and zoning. 8
3) Administrative Law Dept of labor laws for hours worked, wages, and
overtime pay. Other agencies such as SEC.

ADMINISTRATIVE REGULATIONS rules made by federal and state administrative

agencies

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PRIVATE LAW rules and regulations agreed to by both parties entering into a
contractual relationship

4) Private Law for individuals or businesses. Codes of conduct for school,

Condo rules, employee handbooks. (uniform expectations in workforce to
paint color from landlords)

CASE LAW Law that includes principles that are expressed for the first time in
court decisions

5) Case Law, Statutory Interpretation, & Precedent Case law plays 3

important roles, clarifying the meaning of statutes (statu interp), creating
precedents by passing new decisions, & developing a body of law that is
not statutory but addresses long standing issues.

EXP: House arrest man who left area cannot have that time count toward
sentence.
PRECEDENT A decision of the court that stands as the law for a particular
problem in the future

SATIRE DECISIS LET THE DECISION STAND; the principle that the decision of a
court should serve as a guide or precedent and control the decision of a similar case
in the future

COMMON LAW the body of unwritten principles originally based upon the usages
and customs of the community that were recognized and enforced by the courts
(Based of English property rights via 1066)9
Brown v. Board of Education 1954 black rights and equality in schools

Plessy v. Ferguson 1896 separate facilities ok as long as equal facilities

6) Other Forms of Law treaties made by the U.S. & executive orders &
proclamations by the President or other public officials 9
7) Uniform State Laws laws passed on the national level but implemented
by mostly all 50 states to make doing business easier and less expensive
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(NCCUSL) National Conference of Commissioners on Uniform

State Laws
(UCC) Uniform Commercial Code
(MBCA) Model Business Corporations Act
(URLTA) Uniform Residential Landlord Tenant Act
(UCITA) Uniform Computer Information Transactions Act
(UETA) Uniform Electronic Transactions Act

C : Classifications of Law

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SUBSTANTIVE LAW The law that defined right and liabilities

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PROCEDURAL LAW The law that must be followed in enforcing rights and
liabilities

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1) Substantive Law vs. Procedural Law Substantive creates, defines, and

regulates rights and liabilities it determines when a contract is formed.
Procedural law specifies the steps that must be taken to enforce those
contracts and laws, court procedures are procedural law written law is
substantive
CRIMINAL LAW Wrongs against society

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CIVIL LAW Rights of one person against another

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EXP: Running a light = criminal, running a light and hitting someone = criminal &
CIVIL
SPECIFIC PERFORMANCE following the rules of equity could require an owner to
provide a transfer of ownership as a remedy

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2) Criminal Law vs. Civil Law criminal violations carry fines and
imprisonment as penalties but civil law violations carry damage remedies
for the wronged individual

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EQUITY The body of principles that originally developed because of the

inadequacy of the rules then applied by the common law courts of England

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3) Law vs. Equity equity is a body of law that provides justice when the law
does not offer an adequate remedy of the application of the law would be
terribly unfair (red bottom heel knockoffs) and may be awarded in some
contract breaches

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