II. Foundation of Laws Chapter 1-2 Foundation of Laws 4/8/2019 Chapter 1-2 BHS Law Related Education Law I Chapter 1-2 Foundation of Laws II. Foundation of Laws Lesson Objectives Analyze How Constitutional Law, Statutory Law, Administrative Law and Case Law is Created. Resolve Conflicts Between Types of Laws. Distinguish between Criminal & Civil Law. Analyze and define Procedural & Substantive Law.

A. How Laws Are Created Chapter 1-2 Foundation of Laws 4/8/2019 Chapter 1-2 BHS Law Related Education Law I Chapter 1-2 Foundation of Laws A. How Laws Are Created Laws are created at all three levels of government-federal, state, and local. At each level, laws can originate from four sources: (a) CONSTITUTIONS (b) STATUTES (a.k.a. ordinances) (c) ADMINISTRATIVE REGULATIONS (d) CASE LAW

A. How Laws Are Created Chapter 1-2 Foundation of Laws 4/8/2019 Chapter 1-2 BHS Law Related Education Law I Chapter 1-2 Foundation of Laws A. How Laws Are Created 2a) CONSTITUTIONS 1. A constitution is a document that sets forth the framework of the government. 2. When constitutions are amended or interpreted by the courts, constitutional law is made. 3. Federal and state constitutions allocate powers between: (a) people and the government (b) state governments and the federal government (c) among branches of the government

A. How Laws Are Created Chapter 1-2 Foundation of Laws 2b) STATUTES 4/8/2019 Chapter 1-2 BHS Law Related Education Law I Chapter 1-2 Foundation of Laws A. How Laws Are Created 2b) STATUTES 1. The legislative branch of government is responsible for enacting laws called statutes. (a) Federal government Congress enacts laws enforceable throughout the U.S. (b) State government The N.J. Legislature enacts laws effective only in N.J. (c) Local government The Belleville Township Council enacts laws enforceable only within the boundaries of the township. This type of law is called an ordinance.

A. How Laws Are Created Chapter 1-2 Foundation of Laws 4/8/2019 Chapter 1-2 BHS Law Related Education Law I Chapter 1-2 Foundation of Laws A. How Laws Are Created 2c) ADMINISTRATIVE REGULATIONS 1. Rules and regulations created by administrative agencies are called administrative regulations. 2. Administrative agencies are created by federal, state and local legislatures to oversee the enforcement of particular laws. 3. Examples: (a) NJMVC-regulates licenses, registration and inspection for motor vehicle operation. (b) Social Security Administration-establishes rules for determining who is eligible to receive social security benefits.

A. How Laws Are Created Chapter 1-2 Foundation of Laws 2d. CASE LAW 4/8/2019 Chapter 1-2 BHS Law Related Education Law I Chapter 1-2 Foundation of Laws A. How Laws Are Created 2d. CASE LAW 1. The judicial branch of government creates case law. 2. Case law is based on the legal doctrine of stare decisis (t/p 10). This is Latin for “adhere to decided cases.” 3. This legal doctrine requires lower courts to follow previously decided case law when deciding similar cases.

B. Conflicts Between Laws CHAPTER 1 4/8/2019 Chapter 1-2 BHS Law Related Education Law I Chapter 1-2 Foundation of Laws B. Conflicts Between Laws Consider the following rules to resolve conflicts between laws: a) The U.S. Constitution is the “supreme law of the land” (U.S. Constitution, Article VI). b) Federal, state, and local law is not valid if it conflicts with the U.S. Constitution. c) Similarly, a state constitution is supreme to all other laws within that state. d) Laws that conflict with a constitution are said to be unconstitutional.

Chapter 1-2 Foundation of Laws 4/8/2019 Chapter 1-2 Slide 8 BHS Law Related Education Law I Chapter 1-2 Foundation of Laws C. Criminal Law v. Civil Law Criminal Law Civil Law -Involves offenses against society. -Involves disputes between individuals. -All Criminal cases are investigated and prosecuted by the government. -In Civil cases one person sues another person. -The government will punish the guilty with a fine, jail or even death. -Courts will determine if one person has violated the rights of another and award damages to resolve the dispute. Can a crime also violate Civil Law? 8

D. Procedural & Substantive Law CHAPTER 1 4/8/2019 Chapter 1-2 BHS Law Related Education Law I Chapter 1-2 Foundation of Laws D. Procedural & Substantive Law 1. Procedural law deals with methods of enforcing legal rights and duties. (a) Stare decisis is a procedural law. (b) Rules for resolving conflicts of law are procedural. 2. Substantive law defines rights and duties. (a) Substantive laws define the elements of offenses such as murder, theft, breach of contract and negligence.