Constitution Supreme Court of the US is final interpreter of the federal constitution Federal statues are considered SUPREME LAW OF LAND State Supreme court is the final authority of its state constitution Both Federal and State constitutions are concerned primarily with defining and allocating certain powers in our society
Federal Constitution created Congress State Constitutions created the state legislatures Both are composed of elected representatives of the people Acting for their citizens, these legislatures enact laws called STATUES Example: Cigarette Warnings
States delegate some legislative authority to local governments = ORDINANCES Federal, state and local legislatures create administrative agencies
Judicial branch creates CASE LAW Usually made after a trial has ended and one of the parties has appealed the result to a higher court Higher court makes a decision – this decision is then used for future cases of similarity Creates case law
STARE DECISIS Adhere to decided cases United states is based on English Common law Louisiana is the only state based on civil law
Three levels of government Executive Legislative Judicial Procedural Deals with methods of enforcing legal rights and duties How and when an arrest is made Substantive Defines rights and duties define the various degrees of murder
Which law prevails in the following situation? #1 – A state statute conflicts with a state constitution #2 – state constitution conflicts with federal constitution #3 – a local ordinance conflicts with a state statute