Understand the origins of law. SOURCES OF AMERICAN LAW.

Understand the origins of law.

SOURCES OF AMERICAN LAW

Ethics tell you what you ought to do, but People do not always do what they are supposed to do.

The governments creates laws to take care of those who are not ethical.

Law is a system of rules of conduct established by a country’s government to maintain stability and justices according to the values that are relevant to that country.

Defines the rights and responsibilities of the people.

It can require certain action or forbid it. It has the power to punish peoples for

acting illegally. The Law enforces the rights and duties

of everyone through the police, the courts, the legislature , and regulatory agencies.

Ethics and law affect each other. Changes in ethical standards can help

us make new laws or get rid of all laws. Changes in the law can help people

adjust their ideas on morality. The conflict between social forces has led to such changes in the US.

Common LawLaw of Precedent Statutory LawFederal and State ConstitutionsAdministrative Law

Unwritten laws Based on customs and traditions of

people in a society

The King’s court of judges traveled in circuits around the countryside deciding cases.

Decisions were based on local customs and traditions.

The judges shared decisions with other judges so justice was served equally or “in common.”

Colonists brought English Common Law doctrines with them to America.

Primary basis of American legal system

Adopted by US legal system

Common law developed into a legal system modeled by nations around the world

Judges referred to decisions in previous common law cases.

Judges applied that decision to a new but similar case.

Thus, Law of Precedent established.

Also called Case law

Also called the Doctrine of stare decisis Latin for “Let the decision stand”

Evolved from sharing common law Judge researches a similar previous

court case. Judge applies that decision to new

case.

Common law was eventually written down

Legislative bodies adopted common laws

Common law became statutes.

Statutory law is enacted (passed, created, ratified) by a governing body for a specific purpose. Federal legislature

Creates statutes, acts State legislature

Creates statutes Municipal (city/town) government

Creates local ordinances and by-laws

Common laws which the US bases its laws is closely connected Christianity

The laws of Saudia Arabia that govern society are closely connected to what religion? Islam

All statutes- Are subject to review by judicial system Must be constitutional - cannot conflict

with the United States Constitution

Precedent set by Marbury vs. Madison, 1803, gave court system the right to: Review Lower Court Decisions Review Statutory laws Review Executive Branch

The US Constitution is the supreme law of land. Any state or local law that conflicts with the

US Constitution is unconstitutional. If unconstitutional, then law is null and void.

The Supremacy Clause, US Constitution Article VI States that the US Constitution and the laws

of the US are the highest laws in the land

A higher court prevails over any lower court decisions.

A federal law prevails over state laws. State law prevails over municipal (town

or city) ordinances. Supreme Court determines questions of

constitutionality.

Balance of powers between the three branches

Legislative –Article 1 Executive – Article 2 Judicial – Article 3

Checks and balances between the branches limits their power.

US Constitution guarantees rights to citizens Bill of Rights – Individual rights Rights of Representation Arrest/Trial Rights Suffrage (Voting) Rights States Rights Right to amend Constitution

Laws that are passed by the US Congressed and signed by the president

Commerce Clause Congress has the power to make law

pertaining to interstate commerce and between states

Administrative law is the regulations, orders, rules and decisions of administrative agencies.

Legislators create an administrative or regulatory agency.

Purpose is to regulate certain activities for the benefit of the public.

Have the power to: Make rules Enforce rules Investigate violations Decide guilt or innocence of violators Penalize those convicted Order actions to stop

Are set up when expert knowledge is needed

Have a limited scope of power Are subject to judicial review by the

court system

Environmental Protection Agency (EPA) Established by federal law to help keep our

environment clean and healthy for the enjoyment of all citizens

Establishes and enforces rules related to protection of our environment

Can prosecute, fine and issue cease and desist orders against offenders

ADDITIONAL VOCABULARY ADDITIONAL VOCABULARY TERMSTERMS Commercial Law – concerned with

business transactions and the operation of business establishments

International Law – concerned with the conduct of nations in their relations with each other

Common Law Interpreting statutes Judicial Review

To lessen confusion uniform codes are created.

Uniform Commercial Code means that statutes relating to commerce are essentially the same in all states