Chapter 1
Introduction to Law
Objectives:
1. Identify and describe basic functions of law
2. Distinguish between (a) law and justice and (b) law and morals
3. (1) Procedure v. Substance; (2) Public law v. Private Law; (3) Civil v. Criminal Law
4. Identify and describe the sources of law
5. Explain the principle of stare decisis
I. Nature of Law
A. What is it?
1. Pound. Regime of ordering human activities. Body of authority. Judicial process.
2. Holmes and Cardozo. The art of prediction.
B. Functions of the Law
1. Maintain stability by resolving disputes
2. Protect private property
3. Preserve the state
C. Law and Morals v. Law and Justice
II. Classification of Law
A. Substantive law v. Procedural law
B. Civil v. Criminal law
C. Public v. Private law
D. State v. Federal law
III. Sources of Law
A. Constitutional Law
B. Judicial Law
1. Common law
a. Adversary system
b. Compare, civil law and inquisitorial system
2. Equity courts
a. Decree
b. Injunction
c. Specific performance
d. Reformation
e. Recission
f. Equitable maxims
g. Now merged
3. Restatements of the law
C. Legislative Law
D. Treaties
E. Executive orders
F. Administrative Law
IV. Legal Analysis
A. Citations and Reporters
1. Plaintiff, defendant, appellant, appellee
B. Across the Globe, four major legal systems
C. State bar associations
D. Reading and briefing cases
1. Facts, question, decision, reasoning
2. Llewellyn's how-to instructions
Agency hires worker
Agency hires Bechtel as consultant
Worker gets hurt, sues Bechtel
Held that Bechtel owes duty of care to worker