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    Chapter 1 Introduction To Law

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    owen.berthet
    This document provides an introduction to law, including definitions of key concepts like law, ethics, private law, and public law. It discusses the origins and development of early legal systems, how law is decided and enforced today, and the relationship between law and ethics. The document also outlines the different domains of law, such as civil law vs. common law systems, and substantive vs. adjectival law. It concludes by explaining the basic process for filing a lawsuit, including who the parties are and where and when a case can be sued.

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    Chapter 1 Introduction To Law

    Uploaded by

    owen.berthet
    8 views21 pages
    This document provides an introduction to law, including definitions of key concepts like law, ethics, private law, and public law. It discusses the origins and development of early legal systems, how law is decided and enforced today, and the relationship between law and ethics. The document also outlines the different domains of law, such as civil law vs. common law systems, and substantive vs. adjectival law. It concludes by explaining the basic process for filing a lawsuit, including who the parties are and where and when a case can be sued.

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    Chapter 1 Introduction to Law

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    This document provides an introduction to law, including definitions of key concepts like law, ethics, private law, and public law. It discusses the origins and development of early legal systems, how law is decided and enforced today, and the relationship between law and ethics. The document also outlines the different domains of law, such as civil law vs. common law systems, and substantive vs. adjectival law. It concludes by explaining the basic process for filing a lawsuit, including who the parties are and where and when a case can be sued.

    Copyright:

    © All Rights Reserved
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    Download as pptx, pdf, or txt
    8 views21 pages

    Chapter 1 Introduction To Law

    Uploaded by

    owen.berthet
    This document provides an introduction to law, including definitions of key concepts like law, ethics, private law, and public law. It discusses the origins and development of early legal systems, how law is decided and enforced today, and the relationship between law and ethics. The document also outlines the different domains of law, such as civil law vs. common law systems, and substantive vs. adjectival law. It concludes by explaining the basic process for filing a lawsuit, including who the parties are and where and when a case can be sued.

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    You are on page 1of 21

    CHAPTER 1

    Introduction to Law
    Chapter Objectives
    At the end of this lesson, you should understand:
    The definition of law
    The role of law
    The definition of ethics
    The relationship between law and ethics
    The relations between law & justice
    The domains of law
    The difference between private and public law
    What is Law?
    What is the Definition of Law?
    A system of rules and regulations that govern a community and
    enforced by a political authority and its legal system
    The Law of the Land
    Origins of Law
    Specialization of skills over time forced greater interaction and
    dependency between people

    This greater interaction required rules and regulations to


    maintain order within a community by providing:
    1. Security of each member
    2. Certainty for future planning
    The Law of the Land
    Origins of Law
    In some communities, these rules developed as customs or
    traditions

    In other communities, they were written down

    Early example of written law is


    the Code of Hammurabi engraved
    in a stone column
    The Law of the Land
    Origins of Law
    Early homogenous communities needed simple laws

    Over time, laws needed to be more complex because:


    1. Population increased
    2. Technological advances
    3. Immigration patterns
    The Law of the Land
    Role of Law in Society Today
    Ensure Security

    Enforces Standards of Conduct

    Maintains Status Quo


    The Law of the Land
    Who Decides the Law
    The community through custom and tradition

    An elder or the “wisest” man of the community

    A ruler and conqueror of lands

    Through democracy
    Law & Justice
    Does Law Equal Justice?

    NO

    YES

    NOT SURE
    Law & Justice
    Why Doesn’t Law Always Equal Justice?
    1. The law is written
    Difficult to deter from and rigid (objective)

    2. Enforced by judges
    Judge has discretion in how a law is applied (subjective)

    3. Laws are decided upon by a majority


    Can’t always answer the needs of all, especially the minority
    Law & Ethics
    How Do We Define Ethics?
    A set of principles or moral values of a society, distinguishing
    right from wrong

    Is Law and Ethics the Same?


    Law can reflect ethical values
    But the two can also conflict

    HOW?
    Law & Ethics
    Ethics Plays a Balancing Role to Law
    Law is founded in moral values, so need ethics to apply
    Law not always clear, so use ethics to develop
    Law may not exist to address new issues, so ethics must mold
    Law & Ethics
    An Ethical Value Becomes Law When:
    It gains a large consensus amongst the population
    It addresses an issue considered a serious threat to
    the well being of the community
    Domains of Law
    Private Law
    Rules that regulate the legal relationship between individual
    citizens:
    Contract law Employment law
    Commercial law Property law

    Public Law
    Rules that govern the relationship between citizens and their
    state:
    Criminal law Tax law
    Highway law Bankruptcy law
    Domains of Law
    Civil Law
    Legislative authority to make law
    Legislature codifies laws
    Courts simply apply the law
    France

    Common Law
    Basis for law is grounded in the principle of precedence
    and case law or jurisprudence
    Judge made law
    England
    Substantive vs. Adjectival Law
    Substantive Law?
    The law where we can find the “substance” of our rights
    Such as the Civil Code of Quebec

    Adjectival Law?
    The procedures to protect substantive law
    The Quebec Code of Civil Procedure
    To Sue - The Five Ws
    Why Sue?
    Somebody owes you money or an obligation and refuses to
    perform

    What is Involved?
    Start legal proceedings
    Convince a judge
    To Sue - The Five Ws
    Who are the Parties?
    Before lawsuit is filed: creditors and debtors
    Inside court proceedings: plaintiff and defendant
    To Sue - The Five Ws
    Where do You Sue?
    The Court of the place where:
    1. the defendant lives
    2. the defendant has property
    3. the cause took place
    4. the contract was finalized
    5. the property in dispute is situated
    To Sue - The Five Ws
    When can you Sue?
    From the moment we become aware
    This right is limited in time

    Prescription
    A lapse of time extinguishes right to sue
    In most cases 3 years
    Three-year delay to claim damages for personal injury
    or to property
    The Legal System
    3 Elements Make Up a Legal System:
    1. The legislative mechanism
    How laws are adopted

    2. Laws (sources of law)


    The rules of behaviour imposed or accepted by society

    3. Administration and enforcement of laws


    A system to impose punishment for breaking a law

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