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4 PM Introduction to Law Fall 2018

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Josiah Showalter

on 22 August 2018

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Transcript of 4 PM Introduction to Law Fall 2018

INTRODUCTION TO LAW
Common Law
-- established by precedent, or
earlier cases
decided by courts
Sources of Contemporary Law (cont’d)
United States Constitution
--The Supreme Law of the Land
Establishes Congress, the Presidency and Courts
Gives to states powers not given to Federal gov’t
Guarantees basic rights to all citizens
Sources of Contemporary Law
Origins of Our Law
3. Law is fascinating
Complex, but never just theoretical
Televised trials often draw a large audience
Virtually all known civilizations throughout history have had some kind of law.
But which is more important -- written law or the people who enforce it?
2. Law is important
Affects all people, from CEOs to children
Affects most of life, from work to leisure
1. Law is powerful
vs.
Regulates rights and duties of parties
Victim, not govern-ment brings suit
Guilt not determined
Compensation is ordered
Dangerous behavior outlawed by society
Government prosecutes accused
Guilt is determined
Punishment or fine is imposed
Civil Law
Criminal Law
Classifications of Law
MORALITY
Law and Morality
LAW
Drunk driving is both immoral and illegal.
Helping a hurt person is required by moral standards, but is not mandated by the law.
Owning slaves in Colonial America was legal, but this violates people’s moral standards today.
Actions may meet both moral standards and the law.
Actions may be moral, but not required by law.
Actions may be legal, but immoral to some people.
vs.
vs.
Regulates duties between individuals
Sets the duties of government to its citizens
Private Law
Public Law
Establishes processes for settling disputes
Defines the rights of the people
Procedural Law
Substantive Law
Classifications of Law (cont’d)
Enforcers determine if the law is applied in a fair and consistent way.
“Enforcement of the law is more important than the law itself.”
Laws must have a good moral basis.
“An unjust law is no law at all and need not be obeyed.”
Decisions stand, regardless of morality.
“Law is what the sovereign says it is.”
Legal Realism
Natural Law
Legal Positivism
Jurisprudence, or “What is Law?”
EXCERPTS: the decision -- also called the
holding
-- and the court’s rationale
ISSUE: the question being decided
FACTS: background information on the case
LEGAL CITATION: where to find the case in a law library
Where and when the case was decided.
DEFENDANT: the party being sued
PLAINTIFF: the party who is suing
Facts
: Bruce, in 2007, was visiting this area. He is an out of state resident,
California
. He was driving his car and was texting (yes, while driving) . He received a text to look at a video, which he proceeded to do.
Bruce, needless to say, was not paying attention to the road and slammed on his breaks. Jimmy John hires Toni to drive for deliveries. Toni, a resident of
Blacksburg
,
Mont. Co., Va
. was in a Jimmy John vehicle directly behind Bruce, listening to his favorite artist, JB.
At the same time, Taylor was practicing his throwing and catching. The football slipped went through the air, and out of the stadium and into the window of Toni's car. It struck Toni in the face. He screamed and accidentally pushed the accelerator of his Jimmy John's vehicle. He crashed into the rear of Bruce's car. Bruce leapt from his car. "I'm injured,"he yelled, "I'm hurt. I'll sue."
Issue
: Is Toni considered an agent or employee of Jimmy John?
Excerpts
from Judge Showalter’s Decision: Toni was operating within the scope of his employment with Jimmy John when the accident occurred.
Case Analysis
Bruce V. M & M


38 Va. 222

Supreme Court of Virginia, 2015
Law is com-
plex.
The law is Ambiguous. Remember, LAW is not a science or arithmetic.
There are at least two sides to a case presented before the
trier of fact
(usually a judge or a jury).
The law balances the need for predictability with the need for change
The judicial power is to interpret statutes in light of the provisions of the Constitution.
For example, the health care law that was decided summer 2012; also, same sex marriages.
Another example is Roe v. Wade, a woman's right to choose.

Crimes are divided into classifications as well: Felonies, the more serious crimes to misdemeanors to infractions.

Civil law is divided into classifications as well: Torts, Contracts, Real Property to name a few.
NO AUDIO OR VIDEO TAPING IS ALLOWED.
Due to my schedule, there are classes that I will not be able to make. It will be posted on
Canvas
.
Make certain you check Scholar before each class.

Facebook.
I it.

1. Precedent:
The tendency to decide current cases based on previous rulings and cases.
2. Common Law:
Judge-made law. You see this through the cases decided by the Courts (Judges).
3 Important Ideas about the Law
What type of business?
Sole proprietorship v. Partnership v. Corporation
Does want to own the real estate where their business operates out of?
Real estate law
They want to buy the ingredients for their business.
Contract Law
They want to hire employees.
Administrative Law
With the fascination, Americans have the reputation of being "sue happy".
Accumulation of prior rulings.
Is the next big lawsuit---
Statutes
– laws passed by federal & state governments
State Constitutions

Create state executive, legislative & judicial systems
Other
– treaties and executive orders
Administrative Law
-- created by agencies
Equity
– courts may issue rulings (ORDERS) such as injunctions to provide an equitable remedy
Employment law
What are their liabilities as employers in reference to their employees actions?
Procedural rules determine how courts should settle disputes.
Substantive rules state parties’ rights.
Statutes
are passed by legislative body.
Accumulation of
precedent
in legal cases makes up the
common law
.
Founding Fathers created a multi-level government which guaranteed citizens’ rights.
Constitution
Where do we get our laws?---Many Sources
. Administrative Rules and Regulations
Sources of the Law
Agency Law
Inherited much from British law.
The law also grows and adapts to the changing needs of a changing society.
Laws are forever changing.
WHY DO I NEED TO STUDY THE LAW?
Tort
want to set up a business entity, known as ....
Judge grants emergency injunction for Blacksburg CineBowl & Grille
It all DEPENDS.
*Michael and Madison
Full transcript