Understanding the Foundations and Sources of American Law
Moral Values, Religious Beliefs, and Societal Order
A society is governed by its laws. These laws are derived from the society’s:
- Moral values (good vs. evil)
- Religious beliefs (Thou shall not…)
- The need to keep order and protect safety
These concepts and beliefs vary from one society to another, so laws will also vary from place to place, country to country, even state to state.
Evolving Laws and the Influence of English Law
These concepts and beliefs can also change over time, and the law generally follows these changes. American law is based upon the laws of England.
The Three Branches of Government in the U.S.
- Legislative Branch: Has the power to make the law
- Judicial Branch: Has the power to interpret the law
- Executive Branch: Has the power to enforce the law
Primary Sources of American Law
Constitution
- Source: The people
- The highest law in a government
- The U.S. Constitution is the highest law in the U.S.
Statutory Law
- Source: The branch with the power to make law – The Legislative Branch
- Second highest in priority, cannot contradict the Constitution
Common Law
- Case Decision: A judge’s decision on an issue of law in a case over which that judge presides.
- Common Law: All of the past case decisions from one court system, combined.
Judicial Decisions and Precedent
- Judges decide law
- If there is a jury, they only decide issues of fact.
- Precedent: A prior case decision that decides the same issue and is from the same court system as a current case
Stare Decisis and Judicial Interpretation
- Precedent is followed by a later court in the same court system – Stare Decisis
- A court also cannot ignore the Constitution or statutory law
- A court can affect the Constitution or statute by interpreting their meaning
- A court can even invalidate statutory law if it is found to be unconstitutional
Administrative Law
Administrative agencies can be created by the Legislative Branch to enforce statutory law. An agency can create rules and regulations (Administrative Law) through its internal hearing process or its own power to fill in the details of a statute that were not covered by the Legislative Branch.
Classification of Law: Civil vs. Criminal
Civil Law
- Private wrong/harm to an individual
- Plaintiff vs. Defendant
Main Purpose of a Civil Case
- Compensate the plaintiff for harm caused by the defendant – Make the plaintiff whole.
- There can be a punishment aspect.
- Defendant can lose: $ – damages.
Criminal Law
- Public wrong/harm to society
- Society (represented by the Government) vs. Defendant
Main Purpose of a Criminal Case
- Punish the defendant.
- There can be a compensatory aspect.
- Defendant can lose: life, liberty, and/or property.
Civil Cases: Breach of Contract and Torts
Breach of Contract
A breach of a duty created by a contract, i.e. failure to pay.
Tort
A breach of duty created by law. People have a legal duty to act in a certain manner towards other people. A tort can be either:
- Intentional
- Unintentional
- Strict Liability
Civil Remedies: Legal and Equitable
Purpose of Civil Remedies
Meant to cure the plaintiff’s harm / make the plaintiff whole. Can be a legal remedy or an equitable remedy.
Legal Remedy = Damages ($)
- Compensatory Damages
- The most common remedy
- Easiest to enforce through court procedures
- Usually enough to cure the plaintiff’s harm
- Recoverable in most civil cases
- Punitive Damages
- Punishes the defendant
- Generally recoverable only for intentional wrongful conduct – Intentional torts.
Equitable Remedy
- Available when damages alone will not make the plaintiff whole.
- Includes injunction or specific performance
- Injunction: A court order whereby a party is required to do, or to refrain from doing, certain acts, i.e. the defendant must stop the conduct that violates the law.
- Specific Performance: A court order which requires a party to perform a specific act, usually what is stated in a contract.