1. Common Law vs. Positive Law
Ehsan Kabir Solicitor

2. Electronic Issues in Business Law
Starts Page XV in Textbook – Before Chapter One
Read – Foundations of Cyber Law
The Birth of the Internet - Discussion
The World Wide Web - Discussion
Evolving Legal Issues in Cyberspace
The Ongoing Issue of Jurisdiction
Internet Issues Involving Trademarks
Internet Issues Involving Copyrights
DVD
Current Internet Issues Involving Contracts
Internet Issues Involving the Right of Privacy
Internet Issues Involving Freedom of Speech
Additions –
Article on SOPA
Cyber Law Discussion more in-depth

3. Our Laws
Objectives
• Explain the stages in the evolution of law.
• Describe the differences between common law and positive law.
• Describe the difference between law courts and equity courts.

4. Our Laws
HOT DEBATE.
Read the Hot Debate Topic.
Look at ???’s. Get ready
for discussion…
The laws, or enforceable
rules of conduct in society,
reflect the culture and
circumstances that create
them.
Laws may be grouped into an
organized form called a code.

5. Our Laws
Stages in the Growth of Law…
Most societies go through four distinct stages in forming their legal systems…
• Individuals take revenge for wrongs done to them.
• Awards of money or goods are substituted for revenge.
• Court systems are formed.
• A central authority figure intervenes to prevent and punish wrongs.

6. Our Laws
Common Law vs. Positive Law…
• Laws based on the current standards or customs of the people is called
common law. Common law usually is pronounced by judges who settle
peoples disputes.
• Positive law is dictated from central authorites.
English Common Law…
• The King’s Courts
• Jury
• English common law adapts to changes in society, the English common law system
has been a model for legal systems worldwide. The system of law in the United
States is based on the English common law.

7. Our Laws
Equity: An Alternative to Common Law…
• The English common law courts carefully followed precedent. This means
the courts used prior cases as a guide for deciding similar new cases.
• Equity refers to fairness.

8. Our Laws
Objectives
• Explain how constitutional, statutory, case, and administrative laws are created.
• Explain how to resolve conflicts between constitutional, statutory, case, and
administrative laws.
• Describe the differences between criminal and civil, substantive and procedural,
and business and other forms of law.

9. Our Laws
Laws in this country are created at all three levels of government – federal,
state, and local. The laws at each level consist mainly of constitutions,
statutes, administrative regulations, and case law….
Constitutions…
A constitution is a document that sets forth the framework of a government
and its relationship to the people it governs. When constitutions are
adopted or amended, or when courts interpret constitutions, constitutional
law is made.
Constitutions allocate powers (1) between the people and their
governments, (2) between state governments and the federal governments,
and (3) among the branches of the government.

10. Our Laws
Laws in this country are created at all three levels of government – federal,
state, and local. The laws at each level consist mainly of constitutions,
statutes, administrative regulations, and case law….
Constitutions…
A constitution is a document that sets forth the framework of a government
and its relationship to the people it governs. When constitutions are
adopted or amended, or when courts interpret constitutions, constitutional
law is made.
Constitutions allocate powers (1) between the people and their
governments, (2) between state governments and the federal governments,
and (3) among the branches of the government.

11. Our Laws
Statutes…
The federal Constitution created the Congress of the United States. State
constitutions created the state legislatures. These state and federal
legislatures are composed of elected representatives of the people . Acting
for their citizens, these legislatures enact laws called statutes.
Legislation at the local level usually is called an ordinance.

12. Our Laws
Administrative Regulations…
Administrative agencies are governmental bodies forced to carry out
particular laws.
Cases…
The judicial branch of governments create case law. Case law usually is made
after a trial has ended and one of the parties has appealed the result to a
higher court.
The effectiveness of case law arises out of the doctrine of stare decisis. This is
Latin for “to adhere to decided cases.”

13. Our Laws
Criminal vs. Civil Laws…
When the private legal rights of an individual are violated, the matter is
governed by civil law. The use of the term civil law within the common law
system refers to the group of laws that redress wrongs against individual
persons. Civil law applies whenever one person has a right to sue another
person.
A crime is an offense against society. So, when the citizens’ right to live in
peace is violated by such activity, the offense is governed by criminal law.

14. Our Laws
Procedural vs. Substantive Laws…
Procedural law deals with methods of enforcing legal rights and duties. Laws
that specify how and when police can make arrests and what methods can be
used in a trial are procedural laws.
Substantive law defines rights and duties. It is concerned with all rules of
conduct except those involved with enforcement. Substantive laws define
offenses, such as murder, theft, vehicular

15. Our Laws
Business Law…
Business law covers rules that apply to business situations and transactions.
Business law is largely concerned with civil law, especially contracts. The
area of law pertaining to torts is another category of business law. Torts are
private wrongs (civil offenses) against people or organizations.
Business activities are also governed by criminal law at times. For example,
criminal law would punish a firm that conspires with competitors to fix prices
or an employee who steals company tools.

16. Review
• Laws are the enforceable rules of
conduct in a society.
• The two great systems of law in
the world ware the English
common law and the Roman civil
law. The federal government
and all states except Louisiana
are based on the common law.
• When no adequate remedy was
available through the common
law, a person could often obtain
relief through a supplementary
system of justice known as
equity.
• Sources of law include
constitutions, statutes, cases
decided by appellate courts, and
regulations and rulings of
administrative agencies.
• A constitution is a document that
sets forth the framework of a
government and its relationship to
the people it governs. In the United
States the federal government and
state government have
constitutions.

17. Review
• The common law operates
through the doctrine of stare
decisis. This doctrine requires
lower courts to follow established
case law in deciding similar cases.
• Civil law is concerned with private
legal rights of individuals and
governs relations between
individuals. Criminal law deals
with crimes (offenses against
society) and governs violations of
duties owed to society as a whole.
• Procedural law deals with
methods of enforcing legal
rights and duties. Substantive
law defines those rights and
duties.
• Business law is concerned with
the rules that apply to business
situations and transactions.

18. Review
Assignments…
• Review Legal Concepts – 15-20 – Type up your answers in
Word. Each is worth 4 points. Use complete sentences and
thoughts. (24 points)
• Think Critically About Evidence – 25 & 26 – Type up your
answers in Word. Each is worth 4 points. Use complete
sentences and thoughts. (8 points)

19. Case for Legal Thinking
Silkwood v. Kerr-McGee Corporation

20. Thank You