Chapter 1: Courts and Law

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Chapter 1Courts and Law
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I. Legal Systems

• Common-Law (Anglo-American) System

- From kings to judges
- From decisions to a body of law (slowly)
- Importance of custom and precedent

• Civil-Law (Roman-European) System

- Legal code-based
- More conceptual or systematic
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II. Categories of Law (a)

• Private Law and Public Law

- Who, what are the parties
Citizen and citizen (private)
Government and citizen (public)

• Criminal Law and Civil Law

- Criminal Offenses against society
Punishment
- Civil Duties, rights between citizens
Damages (money)
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III. Categories of Law (b)

• Substantive Law and Procedural Law

- Rules about what (substance)
- Rules about how (procedure)

• Equity in Contrast to Law

- Request for relief in special circumstances
Regular law cannot guide or does not fit
- Judge uses individual discretion to do justice
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IV. Law, Courts, and Public Policy

• Can Law Govern If Not Clear or Settled?

• Lawsuits Test or Challenge the Law

• Judges Can, Must Give Meaning to the Law

• Consequences for Political Life in U.S.

- When major issues turn into lawsuits
- Conflict with legislature, executive, voters
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Study Questions
What distinguishes the common-law legal system
from the civil-law (Roman-European) legal
system?
What distinguishes civil law from criminal law?
Private law from public law?
How can judicial rulings in individual lawsuits
have broader public consequences? What are some
examples from U.S. history?
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