Ms. Smith

1. Statutory law 2. Case law 3. Federal and state 4. English common law 5. Administrative law

 Created to address changes in our society.  May order people to do something.  Ex.) pay taxes, sign up for military draft at 18.  May forbid people from doing things.  Ex.) discriminating based on race, color, gender, national origin.  Federal and state statutes.  Ex.) legislature has the job of creating statutory laws; cannot conflict with U.S. Constitution ( unconstitutional ).

 Courts make case law by:  Interpreting statutes  Reviewing disputes

 Constitution: spells out the principles by which the government operates.  Our country’s most essential law is the U.S. Constitution. ▪ Consists of 7 articles and 27 amendments ▪ Sets forth the basic rights of citizens. ▪ Describes the functions of the various branches and divisions of our national government. ▪ Contains the “Bill of Rights”.  Each state has its own constitution, which can be more protective, narrower, and more restrictive.

 The legal system of all states, except Louisiana, is rooted in English common law.  Historically, judges made decisions based on customs and traditions, then shared their decisions with other judges, in every effort to share a “common law”.  Court decisions were written down and judges referred to past cases in helping to make their decisions. ▪ This led to precedents: where judge is required to follow an earlier court decision when deciding a case with similar circumstances. ▪ Stare decisis, “let the decision stand”.

 They can make their own rules, enforce their rules, investigate violations of their rules, and decide the guilt or innocence of those who violate their rules.  Ex.) Federal Communications Commission (FCC) regulates broadcasting.

 In Los Angeles, it is not legal to bathe two babies at the same time in the same tub.  In Kentucky, a female cannot appear in a bathing suit on any highway within this state.  In Baltimore, it is illegal to take a lion to the movies.  In New York, it is against the law to throw a ball at someone's head for fun.  In Oklahoma, it is illegal to have a sleeping donkey in your bathtub after 7pm.  In Youngstown, Ohio, you may not run out of gas.  In New York City, women may go topless in public, providing it is not being used as a business.

Group Activity

The town of Beautifica has a lovely park in its center. The city council wishes to preserve the feeling of nature, undisturbed by city noise, traffic, pollution and crowding. It is a place where people can go to find grass, trees, flowers and quiet. In addition, there are playgrounds and picnic areas. In order to make sure the park stays as it is, the city council passed a law, called an ordinance. At all entrances to the park, the following sign is posted: "NO VEHICLES IN THE PARK."

1. What is the text of the law? 2. What are the purposes of the law? 3. Are there any words or phrases that might be tricky?

 Clear definition of what a “vehicle” is?  Clear definition of what it means to be “in the park”?  Emergency vehicle/personnel exception?

 If a person or people are inside the gates of the park and within 100 feet of the tree line, there is no tolerance of motorized vehicles that utilize an engine and/or emit harmful gas/ pollutants; the only exceptions are emergency personnel, handicapped, toy cars and government approved vehicles.

 Andy Charles, a 4-year old boy, is playing in the park with his remote control speed race car. The car goes 40 kilometers per hour and makes a loud buzzing sound. A dutiful police officer arrests him.