ch01_ppt.ppt

Law is powerful Affects all people, from CEO?s to children Affects most of life, from work to leisure Law is important But which is more important -- written law or the people who enforce it? Law is fascinating Complex, but never just theoretical Legislation and Government in the UAE A Constitution for the United Arab Emirates was adopted at independence on 2 December 1971, when the country was formed from seven member Emirates.  The Constitution became permanent in 1996. A federal court system applies to all Emirates except Dubai and Ras Al Khaimah, which are not fully integrated into the federal judicial system.  All Emirates have secular courts to rule about criminal, civil, and commercial matters, and Islamic courts to review family and religious disputes.  The Federal Judiciary includes the Supreme Court and the Courts of First Instance. The 1971 Constitution agreed by the Rulers of the Emirates provided that the Supreme Council of Rulers shall be the highest legislative authority in the UAE.  The Chief of State is President Khalifa Bin Zayed al-Nuhayyan, and the Supreme Council is made up of the Rulers of each Emirate.  The Constitution also provides for the establishment of a National Assembly whose members are appointed by the Emirates.  Federal Laws are made by the Supreme Council of Rulers.  They approve laws presented to the Supreme Council by the Federal Council of Ministers (or Cabinet) and the National Assembly.  While the making of laws on major issues is reserved to the Federal Government, local authorities in the different Emirates are authorized to issue Decrees regulating local matters. As well as the Federal institutions, each of the seven Emirates also has its own local government.  Although all local governments have expanded significantly as a result of the country's growth over the last 30 years, they differ in size and complexity from Emirate to Emirate, depending on a variety of factors such as population, area, and degree of development. Classifications of Law Criminal Law Civil Law Dangerous behavior outlawed by society Government prosecutes accused Guilt is determined Punishment or fine is imposed Regulates rights and duties of parties Victim, not govern-ment brings suit Guilt not determined Compensation is ordered vs. In UAE many emirates still adopting Islamic law (Sharia Courts ). Classifications of Law Substantive Law Procedural Law Defines the rights of the people Establishes processes for settling disputes Public Law Private Law Sets the duties of government to its citizens Regulates duties between individuals vs. vs. Law and Morality Actions may be legal, but immoral to some people. Actions may be moral, but not required by law. Actions may be required by both moral standards and the law. Owning slaves in Colonial America was legal, but this violates most people?s moral standards today. Helping a hurt person is required by moral standards, but is not mandated by the law. Drunk driving is both immoral and illegal. LAW MORALITY Jurisprudence, or ?What is Law?? Legal Positivism Natural Law Legal Realism ?Law is what the sovereign says it is.? Decisions stand, regardless of morality. ?An unjust law is no law at all and need not be obeyed.? Laws must have a good moral basis. ?Enforcement of the law is more important than the law itself.? Enforcers determine if the law is applied in a fair and consistent way. Case Analysis QUIGLEY v. FIRST CHURCH OF CHRIST, SCIENTIST 65 Cal. App. 4th 1027, 76 Cal. Rptr. 2d 792, 1998 Cal. App. LEXIS 677 California Court of Appeal, 1998 Facts: Gayle Quigley and James Wantland had divorced. They had joint custody of their 12-year-old son, Andrew, who lived with his father. James was a member of the Christian Science church, a religion that regards disease as an ?error of the mind? and discourages the use of traditional medicine. Members of the faith? Issue: Did the defendants have a duty to summon medical help for Andrew? Excerpts from Judge Bedsworth?s Decision: [The judge began by mentioning an earlier California case, in which the state?s highest court ruled that one person generally has no duty to protect another from harm, unless there is a special relationship between the two, such as custody or control... PLAINTIFF: the party who is suing DEFENDANT: the party being sued LEGAL CITATION: where to find the case in a law library Where and when the case was decided. FACTS: background information on the case ISSUE: the question being decided EXERPTS: the decision -- also called the holding -- and the court?s rationale