Fundamentals of the U.S. Legal System and Law Sources

Definition of Law

• A body of rules of action or conduct prescribed by the controlling authority and having legal binding force (Black Law Dictionary).
• Rules enacted by a government authority that govern individuals and relationships in society.

Purposes of Law

1. Keeping Order
2. Influencing Conduct
3. Honoring Expectations
4. Promoting Equality
5. Law as the Great Compromiser

Sources of Law in the United States

Constitutions

• The fundamental law of the land.
• Includes state law as well.

Legislatures and Statutes

• Example: The Clean Water Act.
• Federal (U.S. Congress).
• State Legislatures.
• Local Government (City/County).

Administrative Agencies and Regulations

1. Congress creates a statute.
2. The statute names an administrative agency.
3. The agency makes regulations.
4. These regulations significantly affect the legal environment of business.

The Judiciary and Common Law

• Common Law fills in the blanks for the broad definition of the law, integrating past cases into current law.
• Judges usually follow earlier decisions that resolved similar disputes.
• The legal principle derived from cases is called **precedent**.
• ***Stare Decisis***: The doctrine requiring judges to follow precedent.
• Common law varies by state, but there is consistency across jurisdictions.
• *Example (Stalking Statute 940.32)*: The actor intentionally engages in a course of conduct directed at a specific person that would cause a reasonable person to suffer emotional distress or fear of bodily injury or death to oneself or family.

Hierarchy of the Law

1. United States Constitution
2. Federal Statutes
3. State Constitutions (The highest ranking law within a state)
4. State Statutes
5. Administrative Rules and Regulations
6. Local Ordinances
7. Common Law

Classifications of Law

Public and Private Law

• **Public Law**: Governs legal relationships between members of society and the government.
• **Private Law**: Governs legal relationships among members of society.

Criminal vs. Civil Law

• **Criminal Law**: Initiated by the county/city against an individual (involves felony, misdemeanor, or jail time).
• **Civil Law**: Personal disputes between community members (typically results in monetary compensation).

Substantive vs. Procedural Law

• **Substantive Law**: Creates or defines rights or responsibilities.
• **Procedural Law**: Laws put in place to enforce substantive law and rights.

Legal Recourse and Remedies

• A **Legal Remedy** is monetary compensation (money).
• An **Equity Remedy** is anything other than cash (e.g., injunctions or specific performance).

Key Legal Definitions and Concepts

Plaintiff

Initiates a lawsuit (Civil cases).

Prosecution

Initiates a lawsuit (Criminal cases). Note: Both the Plaintiff and Prosecution always carry the **burden of proof**.

Resolution

The final decision reached in a case.

Opinion

The rationale or reasoning supporting the decision in a case.

Unanimous Opinion

All judges agree on both the resolution and the opinion.

Concurring Opinion

Agreement with the end result, but based on different rationales.

Dissenting Opinion

The opinion of the judge(s) who disagree with the resolution.

The IRAC Method

A systematic way of approaching and analyzing legal problems:

1. **Issue**: The actual problem or question being addressed.
2. **Rule**: Look up the applicable laws and regulations.
3. **Analysis**: Apply the rule to the facts (considering both sides).
4. **Conclusion**: The final decision.