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Introduction to Law: Key Concepts Explained

Chapter 1 introduces the concept of law, defining it through various perspectives including Aristotle and Blackstone, and outlines its role in governing individual relationships and providing societal order. It classifies law into public vs private, criminal vs civil, substantive vs procedural, and common vs statutory law, highlighting their distinct characteristics and functions. The chapter emphasizes the importance of law in ensuring rights, protections, and a model of conduct within society.

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10 views2 pages

Introduction to Law: Key Concepts Explained

Chapter 1 introduces the concept of law, defining it through various perspectives including Aristotle and Blackstone, and outlines its role in governing individual relationships and providing societal order. It classifies law into public vs private, criminal vs civil, substantive vs procedural, and common vs statutory law, highlighting their distinct characteristics and functions. The chapter emphasizes the importance of law in ensuring rights, protections, and a model of conduct within society.

Uploaded by

evaslika4
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd

Chapter 1_ Introduction to Law

Objective 1: Define Law


Law:
1- Aristotle: “Law is reason unaffected by desire” _ “Law is a form of order, and good law must
necessarily mean good order”.
2- Sir William Blackstone: “That rule of action which is prescribed by some superior and which the
inferior is bound to obey.”
3- Black’s Law Dictionary: “a body of rules of action or conduct prescribed by the controlling
authority and having legal binding force”.
4- Simply: The body of rules governing individuals and their relationships, which become law
through a recognized governmental authority. It gives us:
a. Basic freedoms
b. Rights
c. Protections
d. Model of conduct for the society
e. Certainty of expectation (that the law will provide consistent protection of rights)

Objective 2: Classification of Law


Public vs Private law
1- Public law: laws enacted by some authorized governmental body. (State and federal
constitutions and statutes, state incorporation and partnership procedures, county taxation
statutes, local zoning laws)
2- Private law: law developed between two individuals.
a. A set of regulations that parties agree to for governing their relationships.
b. The terms of a contract are a form of private law for the contracting parties, employer
rules.
c. These rules should not:
i. Infringe public rights.
ii. Violate statutory or constitutional protections.

Criminal vs Civil Law


1- Criminal Law: violating it would be a wrong against society. Criminal cases have different rights
and procedures used in their trials.
 Penalties: fines, imprisonment.
 Examples: Running a red light, driving while intoxicated.
2- Civil Law: violating it would be a wrong against another person/persons.
 Restitution: Compensation.
 Examples: Running a red light and striking and injuring a pedestrian, having an accident
while driving intoxicated.
Substantive vs Procedural Law
1- Substantive law: gives rights and responsibilities.
2- Procedural law: provides means for enforcing substantive rights. Laws that govern how a suit is
brought and the trial process. They are used in criminal cases such as grand jury proceedings,
arrangements, pleas.

Common vs Statutory Law


1- Common Law: various customs conglomerated so that all fiefdoms could operate under a
common system of law. Judges in different areas settle disputes in similar ways by consulting
their fellow judges on their previous decisions before issuing new decisions in order to provide
consistency and constancy of the law. It is an uncodified law.
 Stare Decisis: principle of following other decisions, “let the decision stand”
2- Statutory Law: Supplemented common law passed by some governmental body and written in
some form.
 Exists at all levels of government: federal, state, county, city, borough, and town.
 Varies throughout the nation because of the cultural heritage of various regions.

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