LAW DEFINITION

1
LAW DEFINITION

• A PRINCPILE OR RULE OF CONDUCT SO ESTABLISHED, AS
  TO JUSTIFY A PREDICTION WITH REASONABLE
  CERTAINITY THAT IT WILL BE ENFORCED BY THE COURTS
  IF ITS AUTHORITY IS CHALLENGED

2
4 ELEMENTS

• 1) RULE OF CONDUCT AS REFLECTING NORMATIVE
  BEHAVIOR
• 2) ENFORCEMENT, OR LAW AS COERCIVE
• 3) REASONABLE CERTAINITY/PREDICTABILITY
• 4) LEGITIMACY AND PUBLIC ACCOUNTABILITY

3
LAW AND THE PEOPLE

• REFLECTION OF THE WILL OF THE PEOPLE AS EXPRESSED
  THROUGH ELECTED OFFICIALS (WHO MAKE THE LAW) AND
  THE COURTS (WHO INTERPRETE THE LAW)
• ENFORCEMENT POWERS INCLUDE INCARCERATION, FINES,
  AWARDS, RESTRICTIONS OR SUSPENSIONS.
• THE EXTENSION OF PREDICTABILITY IS THE CONCEPT OF
  PRECEDENT. THERE IS ALWAYS A QUESTION IN
  ONGOING EVALUATION
• ENFORCEMENT THROUGH THE COURTS IS PUBLIC AND THUS
  OPEN AND NOT SECRET (UNTIL RECENTLY).

4
LAW CLASSIFICATION

• CIVIL A BROAD CONTEXT OF LAW RANGING FROM
  CONTRACTS AND PROPERTY TO TORTS AND WILLS
• CRIMINAL OFFENSES AGAINST THE STATE RESULTING
  IN FINES AND/OR LOSS OF LIBERTY. TRADITIONALLY
  FAR GREATER PROTECTION FOR THE DEFENDANT
• SOME LAWS HAVE BOTH ASPECTS OF CLASSIFICATION,
  I.E. CHILD ABUSE LAWS
• SOME TIMES A PERSON CAN WIN IN ONE COURT AND
  LOOSE IN THE OTHER.

5
LAW CLASSIFICATION

• SUBSTANTIVE LAW WHICH DEFINES RIGHTS, DUTIES
  AND OBLIGATIONS OF THE CITIZENS AND THE STATE (A
  SUBSTANTIVE LAW MAY SPECIFY WHAT A CRIMINAL ACT
  CONSISTS OF.WHAT IS MURDER, WHAT IS RAPE)
• PROCEDURAL HOW SUBSTANTIVE LAW IS APPLIED (A
  PROCEDURAL LAW DEFINES HOW DETAILS ARE
  APPLIEDWHAT IS AN ARREST, WHAT IS AN
  INTERROGATION, ETC.)
• PUBLIC LAWS THAT AFFECT THE STATE AND ACTIONS
  TOWARD CITIZENS
• PRIVATE LAW THAT IS CONCERNED WITH ISSUES
  BETWEEN PRIVATE CITIZENS.

6
TYPES OF LAW

• CONSTITUTIONAL OVER ARCHING LAW REPRESENTED BY
  THE FEDERAL SYSTEM WHICH ESTABLISHES OTHER TYPES
  OF LAWS. MADE UP OF ARTICLES AND AMENDMENTS
• STATUTORY LEGISLATIVE LAW ENACTED BY FEDERAL AND
  STATE LEGISLATIVE BODIES. REFLECTS THE WISHES OF
  THE ELECTORATE. LOCAL STATUTORY LAW IS SEEN IN
  ORDINANCES

7
TYPES OF LAW

• CASE LAW MADE BY THE COURT BASED ON DECISION.
  LAW GAPS ARE FILLED ALTHOUGH SOME MIGHT SAY LAW
  IS SUPERCEDED
• ADMINISTRATIVE LAW COMPLEX, DETAILED AND
  INCLUDES BOTH FEDERAL AND STATE AGENCY POLICY AND
  PROCEDURE. EXECUTIVE ORDERS ARE ANOTHER FORM OF
  ADMINISTRATIVE LAW