Common Law v. Statutory Law Cases of Kitty Genovese and Dudley & Stephens

What is the difference between Common & Statutory Law? Common Law is: Made by Judges through court decisions Generally in state appellate courts Decisions are written down Become precedents used to decide future cases Statutory Laws are: Written laws by legislature

Holdings of Cases: Holding: the ruling of the court (usually an appellate court). The Holding in Dudley and Stephens: one cannot deliberately take the life of another to save oneself. (The ruling/holding becomes common law). The Holding in the Kitty Genovese Case: Bystanders do not have a duty to act when witnessing a crime. **Hence you can witness a person being stabbed in front of you and you can simply go on your way and not be required to help or even notify the police.

Precedent Court decides a case Issues a written opinion (ruling) that sets a “precedent” for similar cases in the future All lower courts in the jurisdiction where the precedent was issues must follow it. This is what’s meant by courts “making law” However, higher court has the power to reverse or change the precedent Courts in other parts of the country are NOT required to follow the precedent Court in another jurisdiction or state can disagree with the precedent **Example: State’s supreme court ruled that the state’s constitution required that school funding be equalized throughout the state – richer or poorer school districts would each have to spend the same amount per student – then all lower courts in that state would have to follow that precendent.

Vocabulary Chapter 2 Lawmaking Statutes Ordinances Supremacy clause Bills Legislative intent Public hearings Trials Appeals Appellate courts Precedent Treaty Extradition

Legislatures U.S. Constitution divides the power to make laws between: Federal government and; State governments Both are the primary lawmaking bodies

Passage of laws known as Statutes Affects people in every state Congress … Local Governments… Passage of laws known as Statutes Affects people in every state Have national impacts (i.e. homeland security, environmental, veterans affairs, national defense, etc.) State Legislatures: Laws passed with statewide impacts (i.e. education, transportation, traffic, marriage, divorce, etc.) Counties, city councils, education boards Pass laws called Ordinances (or regulations) Pass laws that affect parks, schools, regulation of local businesses, etc. Apply only to a county, city or town

Conflicts between Federal, State and Local laws… Supremacy Clause If there is a conflict between the three, “the Constitution and the Laws of the United States… shall be the supreme law of the land.” For example, 1960’s Federal laws against racial segregation in restaurants and hotels came into conflict with State laws that required separate accommodations (for segregation) – the Supreme law of the land dictated

Bills Legislatures and other lawmaking bodies respond to needs of its citizens by introducing legislation Used to enact new laws Amend or repeal old laws Bill passed by legislation and not vetoed by the executive branch... become a LAW Laws must be obeyed Law is open to interpretation (not always easy to know exactly what a law prohibits or allows) Disputes over interpretation end up in Court Legislative intent – a judge who interprets what the legislature means

Agencies Laws are affected by Government agencies Examples are: OSHA (Occupational Safety & Health Administration) –safe working conditions EPA (Environmental Protection Agency)- develop and enforce regulations under existing environmental laws to help protect the environment Homeland Security, TSA – Transportation Security Administration (reorganized from DOT-Dept. of Transportation- after 9/11 to protect all citizens Local agencies impact us daily (i.e. compliance agencies –zoning) Regulations made by these agencies become law, however PUBLIC HEARINGS are held to give citizens an opportunity to voice their opinions.

Courts

Laws are also made by Courts Lower Tribunal Courts – holds trials – if a Defendant loses, they can appeal the verdict to a higher court to review and change the result of the trial Appellate Courts – reads the Briefs prepared by the Defendant’s attorney in an appeals hearing The ruling (holding) of an appellate court – judge issues a written opinion that sets a “precedent” for similar cases in the future to follow

International Lawmaking International Law: the law that applies to the conduct of countries; Made when national governments make treaties with each other or with a group of countries United Nations formed in 1945 has nearly 200 countries & affiliated organizations (UNESCO, IMF, WTO, UNICEF, etc) Countries that join retain most of their sovereign powers to make laws that are binding within their borders. In order to benefit, all member countries do give up power in selected areas by delegating some lawmaking authority to a Europe-wide organization UN also maintains a system of international courts and has become the most important institution in the area of international law Treaty – an agreement or contract between countries – created by the joint action of countries or by actions taken by the United Nations Regulate commerce among countries, refugees crossing national borders, ownership of property including copyrights and patents, the environment, etc. Constitution provides that treaties are the supreme law of the land, if signed by the President and ratified by a 2/3 majority of the US Senate Treaties also serve to determine whether one country has a legal obligation to return someone accused of a crime or terrorist act to another country Extradition: the process in which one country asks another to surrender a suspected or convicted criminal