Slide 1 : Chapter 1 – What is Law?
Chapter Objectives : Chapter Objectives Define law.
Describe the structure and purpose of the U.S. Constitution.
Outline the historical development of the constitutional form of government.
Explain government structure.
Briefly outline the history of the American legal system.
Discuss the roles of each branch of government.
Identify courts within the state system, including the jurisdiction. 1-2
What is Law? : What is Law? Law can be defined as an identifiable governance form characterized by structure, power, and systemic operation.
There are many definitions of law.
The law is personal to each person.
Law is a voluntarily-chosen design for community conduct. 1-3
Substantive or Procedural : Substantive or Procedural Substantive law defines and establishes parameters for the rights.
Procedural law establishes the way in which those rights are upheld. 1-4
A Historical Perspective : A Historical Perspective The original legal systems evolved from social pressures exerted by the population involved.
The pressure developed from the survival instinct.
Structure is a fundamental principle of law. 1-5
Code of Hammurabi : Code of Hammurabi The first formalized legal system.
Based on the principle of “an eye for an eye.”
System based on regulation, punishment, and deterrence.
Designed to punish the wrongdoer and remind society of the perils of activity opposed to the social order. 1-6
The Socratic Method : The Socratic Method Foundational tool in learning and social evolution.
Analysis and teaching tool based on questioning and discussion.
Instilled in students a sense of individual moral responsibility.
Believed that for the mind to reach optimal effectiveness, the body must be in optimal condition.
Plato further refined the method into a moral imperative for all society. 1-7
The Roman Empire : The Roman Empire Law built on the principle of prohibition.
There were two social classes.
War and violence were inherent parts of society.
The Roman legal system spread throughout the civilized world. 1-8
The Crusades : The Crusades Pervasive social effort to implement a legal system.
Targeted Islamic nations to eradicate non-believers.
Imposed a Christianity- based legal system that denied the legitimacy of all but Christian religion, morality and ethics. 1-9
The Magna Carta : The Magna Carta British document describing the system and form of government and law upon which the U.S. Constitution was modeled.
Considered effective, moral, ethical, and equitable. 1-10
The Napoleonic Code : The Napoleonic Code French code of law and government influencing certain aspects of our system:
It serves as the model for the government and law in the state of Louisiana.
Also influenced formation of legal systems throughout Europe and Latin America.
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The Napoleonic Code : The Napoleonic Code State supremacy is the constitutional principle that the individual states have sole governmental authority over matters related to only state citizens, without influencing or negatively impacting federal rights and privileges. 1-12
The Form of the Law : The Form of the Law POWER STUCTURE SYSTEM Once structure and power are in place, system emerges 1-13
The Founding Fathers : The Founding Fathers Came from England to avoid government intervention into private matters.
Committed to the concept of government called democracy.
Democracy is a form of government characterized by rule of, and by, the people; or, if more practical, by elected representatives of the people. 1-14
The Declaration of Independence : The Declaration of Independence “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness—That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed. . .” 1-15
The Declaration of Independence : The Declaration of Independence Signed July 4, 1776.
Written primarily by Thomas Jefferson.
Stated the intention of the framers of the Constitution to form a new government.
Guided the design of the Constitution. 1-16
The U.S. Constitution : The U.S. Constitution Primary source of law.
Establishes three separate but equal segments of government.
Framers looked to the Magna Carta for guidance.
Framers wanted to spell out the immunities of individual citizens.
The Bill of Rights established fundamental individual rights. 1-17
Bill of Rights : Bill of Rights 1-18
Federalism : Federalism Form of government established by the Constitution; it includes both state and federal systems.
The relationship and distribution of power between the state and federal government is called federalism.
Federal law takes precedence in federal question matters. 1-19
Federal Supremacy : Federal Supremacy The Supremacy Clause sets forth the principle and unambiguously reinforces that the Constitution is the supreme law of the land.
A court may not interpret the Bill of Rights or any other Constitutional provision differently than the federal statement and interpretation. 1-20
The Commerce Clause : The Commerce Clause Statement in the Constitution that the federal government has absolute authority in matters affecting citizens of all states.
The federal government has legislative power in matters related to interstate highways, including funding, repairing, speed limits, truck weight limitations, etc. 1-21
Structure of Government : Structure of Government The Constitution established the legislative, judicial, and executive branches.
The doctrine of separation of powers establishes a form of checks and balances.
Checks and balances create an environment of openness and fairness. 1-22
The Legislative Branch : The Legislative Branch Primary duty of the legislative branch is to enact law:
The Constitution provides guidance as to scope and content of the laws that might be passed in the enumeration of powers of Congress contained in Article I, § 8.
Congress is designed as a bicameral, or two-part, system consisting of the House of Representatives and the Senate:
The Senate has two members per state. Membership of the House of Representatives is created by formula based on the population of the respective states. Senators serve a six-year term and representatives serve for two years. 1-23
The Executive Branch : The Executive Branch The executive branch was established under Article II, with the president at the head of this branch.
The executive branch is responsible for the enforcement and administration of law and government.
The powers of the office and the role the president plays within the branch and the federal power structure are contained in the Constitution, Article II, §§ 2–3. 1-24
The Judicial Branch : The Judicial Branch The judicial branch, established in Article III, includes all federal courts.
The judicial branch is responsible for interpreting the law:
In a trial setting, the judge fills the role of trier of law.
The highest court is the U.S. Supreme Court:
There are nine justices appointed for life by the president at the time of a vacancy, one of whom fills the role of Chief Justice.
While the president nominates appointees to the panel, the Congress must ratify the choice.
In any decision, the courts must ensure that individual fundamental rights are preserved and protected in the opinions rendered. 1-25
The Administrative Law System : The Administrative Law System Rules and regulations enacted and enforced by agencies within the government structure.
Agency sources include:
OSHA
IRS
EPA 1-26
The Paralegal Working with the Constitution and the Legal System : The Paralegal Working with the Constitution and the Legal System There are many reasons to be familiar with the Constitution as the first step of your paralegal course of study:
The most important reason is to develop an understanding of what led the framers to their formulation of a democratic form of government as set forth in the Constitution.
It is also critical to understand the scope of state rights, but equally important to understand the limitations on both federal and state rights.
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The Paralegal Working with the Constitution and the Legal System : The Paralegal Working with the Constitution and the Legal System Understanding that individual rights preservation and protection are the fundamental basis of the legal system helps in understanding how legal analysis is approached and decisions rendered.
It also should remind you that each individual in any controversy has individual rights, regardless of the nature of the controversy. 1-28
Summary : Summary Began with overview of historical events leading up to drafting and ratification of the Constitution.
Overview of law and the structure of the government that evolved from the Constitution.
The executive, legislative, and judicial branches each performs separate yet interdependent functions under the system of checks and balances.
The concept of state rights and federalism was presented and illustrated. 1-29
Summary : Summary Reviewed the Declaration of Independence and the U.S. Constitution, two of the most extraordinary examples of documents of governance ever created. 1-30
Summary : Summary You are well on your way to building your love of law and understanding of the government system in this country that is the lynchpin of our legal system and your career choice. 1-31