Chapter 1 - The nature of law. After you have studied this chapter, you should be able to: Identify the respective makers of the different types of law (constitutions, statutes, common law, and administrative regulations and decisions); identify the type of law that takes precedence when two types of law confl ict; explain the basic differences between the criminal law and civil law classifi cations; describe key ways in which the major schools of jurisprudence differ from each other;. | Copyright © 2013 by The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill/Irwin 1 The Nature of Law The Resolution of Private Disputes Business and The Constitution Business Ethics, Corporate Social Responsibility, Corporate Governance, and Critical Thinking Foundations of American Law P A R T The Nature of Law P A E T R H C 1 “The sacred rights of mankind . . . are written, as with a sun beam in the whole volume of human nature, . . . and can never be erased or obscured by mortal power.” Alexander Hamilton, 1775 Learning Objectives Types and sources of law Important legal doctrines Classification of law Jurisprudence and legal reasoning Statutory interpretation Limitations on judicial power Types and Classifications of Law Federal, state, and tribal level: Constitution: establishes governmental structure, specific rights and duties Statute: enacted by legislative body to regulate conduct Common Law: case law (judge-made) Administrative Law: agency rules to implement . | Copyright © 2013 by The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill/Irwin 1 The Nature of Law The Resolution of Private Disputes Business and The Constitution Business Ethics, Corporate Social Responsibility, Corporate Governance, and Critical Thinking Foundations of American Law P A R T The Nature of Law P A E T R H C 1 “The sacred rights of mankind . . . are written, as with a sun beam in the whole volume of human nature, . . . and can never be erased or obscured by mortal power.” Alexander Hamilton, 1775 Learning Objectives Types and sources of law Important legal doctrines Classification of law Jurisprudence and legal reasoning Statutory interpretation Limitations on judicial power Types and Classifications of Law Federal, state, and tribal level: Constitution: establishes governmental structure, specific rights and duties Statute: enacted by legislative body to regulate conduct Common Law: case law (judge-made) Administrative Law: agency rules to implement enforcement of statutes The tribal level often is ignored in references to sources of law. However, Indian nations are sovereign governmental units with the authority to establish a Constitution and enact supporting laws. Issued at the chief executive level: Executive Order: under limited powers Examples: Treaty: with other nations, by the . president on behalf of the nation, ratified by the . Senate Example: The Antarctic Treaty Types and Classifications of Law The hyperlinks are to the listing of executive orders on the . Government website and the Antarctic Treaty on the . Department of State website. Important Doctrines Stare Decisis (let the decision stand) is the doctrine of precedent applied in common law Equity is applied by the judiciary to achieve justice when legal rules would produce unfair results Federal supremacy: a rule of priority for conflicts between laws that holds the . Constitution is the
