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Introduction to Law
Introduction to Law, Fifth Edition
Joanne Banker Hames | Yvonne Ekern
Copyright © 2015 by Pearson Education, Inc.
All Rights Reserved
FIFTH EDITION
CHAPTER
Introduction to Law
1
Introduction to Law, Fifth Edition
Joanne Banker Hames | Yvonne Ekern
Copyright © 2015 by Pearson Education, Inc.
All Rights Reserved
What the Law Is
• A set of rules and procedures usually
intended to regulate some aspect of
society
• Rules created and enforced by federal,
state, and local governments
Introduction to Law, Fifth Edition
Joanne Banker Hames | Yvonne Ekern
Copyright © 2015 by Pearson Education, Inc.
All Rights Reserved
Historical Origins
• Civil Law Legal Systems
 A legal system based on written laws or
codes
• Common Law Legal Systems
 A body of law developed through the
courts
Introduction to Law, Fifth Edition
Joanne Banker Hames | Yvonne Ekern
Copyright © 2015 by Pearson Education, Inc.
All Rights Reserved
Common Law Legal Systems
• Based on the concept of precedent or
stare decisis
• Stare decisis - "It stands decided"
Introduction to Law, Fifth Edition
Joanne Banker Hames | Yvonne Ekern
Copyright © 2015 by Pearson Education, Inc.
All Rights Reserved
Philosophical Views
• Natural theory of law
 A philosophical theory holding that law reflects
the moral and unchangeable laws of nature.
• Legal positivism
 A philosophical theory holding that the validity
of law is not related to morality.
• Legal realism
 A philosophical theory that laws are created by
judges and therefore subject to individual
beliefs and prejudices.
Introduction to Law, Fifth Edition
Joanne Banker Hames | Yvonne Ekern
Copyright © 2015 by Pearson Education, Inc.
All Rights Reserved
Categories of Law
• Sources of Law
• Substantive or Procedural
• Civil or Criminal
Introduction to Law, Fifth Edition
Joanne Banker Hames | Yvonne Ekern
Copyright © 2015 by Pearson Education, Inc.
All Rights Reserved
Sources of Law
• Constitutional Law
• Statutory Law
• Case Law
Introduction to Law, Fifth Edition
Joanne Banker Hames | Yvonne Ekern
Copyright © 2015 by Pearson Education, Inc.
All Rights Reserved
Substantive or Procedural Laws
• Substantive Laws
 Laws that define rights and obligations
• Procedural Laws
 Laws that dictate how we enforce our
rights and obligations
Introduction to Law, Fifth Edition
Joanne Banker Hames | Yvonne Ekern
Copyright © 2015 by Pearson Education, Inc.
All Rights Reserved
Criminal and Civil Laws
• Substantive criminal and civil laws
• Criminal and civil procedures
• Court procedures

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hames_ch01_lecture business law course ppt

  • 1. Introduction to Law Introduction to Law, Fifth Edition Joanne Banker Hames | Yvonne Ekern Copyright © 2015 by Pearson Education, Inc. All Rights Reserved FIFTH EDITION CHAPTER Introduction to Law 1
  • 2. Introduction to Law, Fifth Edition Joanne Banker Hames | Yvonne Ekern Copyright © 2015 by Pearson Education, Inc. All Rights Reserved What the Law Is • A set of rules and procedures usually intended to regulate some aspect of society • Rules created and enforced by federal, state, and local governments
  • 3. Introduction to Law, Fifth Edition Joanne Banker Hames | Yvonne Ekern Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Historical Origins • Civil Law Legal Systems  A legal system based on written laws or codes • Common Law Legal Systems  A body of law developed through the courts
  • 4. Introduction to Law, Fifth Edition Joanne Banker Hames | Yvonne Ekern Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Common Law Legal Systems • Based on the concept of precedent or stare decisis • Stare decisis - "It stands decided"
  • 5. Introduction to Law, Fifth Edition Joanne Banker Hames | Yvonne Ekern Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Philosophical Views • Natural theory of law  A philosophical theory holding that law reflects the moral and unchangeable laws of nature. • Legal positivism  A philosophical theory holding that the validity of law is not related to morality. • Legal realism  A philosophical theory that laws are created by judges and therefore subject to individual beliefs and prejudices.
  • 6. Introduction to Law, Fifth Edition Joanne Banker Hames | Yvonne Ekern Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Categories of Law • Sources of Law • Substantive or Procedural • Civil or Criminal
  • 7. Introduction to Law, Fifth Edition Joanne Banker Hames | Yvonne Ekern Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Sources of Law • Constitutional Law • Statutory Law • Case Law
  • 8. Introduction to Law, Fifth Edition Joanne Banker Hames | Yvonne Ekern Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Substantive or Procedural Laws • Substantive Laws  Laws that define rights and obligations • Procedural Laws  Laws that dictate how we enforce our rights and obligations
  • 9. Introduction to Law, Fifth Edition Joanne Banker Hames | Yvonne Ekern Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Criminal and Civil Laws • Substantive criminal and civil laws • Criminal and civil procedures • Court procedures