Types of Laws Chapter 1-2

Sources of Law What’s Your Verdict? (pg. 10) The federal constitution guarantees the citizens of the U.S. many rights. These include freedom of speech, of press, of assembly, to petition, to bear arms, against unreasonable searches and seizures and more. –What part of the U.S. Constitution contains these guarantees?

Constitution Constitution: document that set framework of govt. & its relationship to the people it governs Constitutional Law: when constitutions are adopted/amended or courts interpret constitutions

Federal & State Const. Constitutions are highest sources of law –Federal Const.: “Supreme law of the land.” –Supreme Court has final say of federal const. –Federal, state & local law not valid if conflicts with federal const.

Federal & State Const. Designed to define powers in society Allocate powers –People & govt. –Federal & state govt. –Among branches of govt.

Allocation of Powers People & govt.: Bill of Rights (1-10 amendments) –Protect people from actions of govt. Federal & State: Business (commerce) –Fed = foreign & interstate Interstate = 2 or more states –State = intrastate Intrastate = within one state

Allocation of Powers Branches of govt.: Executive, Legislative & Judicial –Creates a system of checks & balances Courts conduct trials (not Congress) & Congress establishes the courts

Statutes U.S. Const. created Congress State Const. created state legislatures –Legislatures = elected reps. of the people –Statutes = laws enacted by legislatures –Ordinance = piece of legislation created by town, city council, county board or commission (local govt.) Only effective in boundary of local govt.

Case Law Case Law – usually made after a trial has ended & one party has appealed the result to a higher court (Judicial Branch) –New rules should be used in deciding similar cases

Latin Stare Decisis: “Let the decision stand” –Lower courts must follow case law IN THIS CASE

In-Class Assignment Work with 1 other person Read through pgs Take notes on important information

Administrative Regulations Administrative Agencies: govt. bodies formed to carry out particular laws –Social Security Administration, DMV, County Zoning Commission –Created by legislatures (Executive branch) President, Governor, Mayor

Legislative & Judicial Powers Legislative –Authorized to create administrative laws (“Rules & Regulations”) S.S. example (pg. 12) Judicial –Hold hearings, determine facts, apply law

Levels of Command Conflicting laws –Legal rules (determine which statement is superior - “supremacy”) Federal law, state law, local law Constitutional, statutory, administrative (laws) Court systems = higher rules lower

Constitutions & Validity Unconstitutional: conflicts with constitution –Federal, state, local statute, case law or administrative decision –State const. supreme to all state laws (still must be in compliance to Fed. Const. Amends: people have power to change const. if don’t agree with courts’ interpretation

Civil & Criminal Laws Civil Law: group of laws that make up for wrongs against individual persons –Tenant example (pg. 13) –Police are typically not involved in civil law –Torts: private wrongs against people or organizations

Civil & Criminal Law Criminal Law: when citizens’ right to live in peace is violated –Crime: an offense against society rather than individuals –Conviction of crime = fine, imprisonment, execution –Crime typically involves private injuries = civil law may also be applied Victim may sue wrongdoer

Checkpoint! What are the four sources of law? –Constitutions, statutes, case law & administrative regulations

What’s Your Verdict? Did Worthington violate civil law or criminal law? Class Activity: Civil vs. Criminal