Introduction to Law Evolution of Laws Daytona State College School of Emergency Services
Objectives History of the American Legal System Types of law in America Constitutional Law Statutory Law Ordinance Criminal Law Case Law Civil Law Daytona State College School of Emergency Services
American Legal System Law: Other forms of control A form of social control Method of encouraging behaviors Other forms of control Morality Religion Religious concepts have led to laws Daytona State College School of Emergency Services
American Legal System Simple society Written laws not necessary Peer pressure is high Hierarchy determines acceptable behaviors Those violating law are punished collectively Daytona State College School of Emergency Services
American Legal System Complex society Written laws necessary Rules of the society codified and distributed Sometimes referred to as “common law” American legal system is based on English common law Law maintains property ownership, regulation of business, raising revenue for government operations Daytona State College School of Emergency Services
Types of Laws Constitutional Law Statutory Law Ordinances Criminal Law Case Law Civil Law Daytona State College School of Emergency Services
Constitutional Law Defines the form of government Representative form with three branches Executive Legislative Judicial Identify the powers and limitations on each branch Sets standards for government and its people, interpreted by the Supreme Court Daytona State College School of Emergency Services
Constitutional Law Florida Constitution Modeled after the U.S. Constitution in 1845 Makes interpretation of U.S. Constitutional decisions easier Provides the same level of rights as the U.S. Constitution Daytona State College School of Emergency Services
Statutory Law Laws passed by Congress, state legislatures or local authorities Includes: Regulation Civil law Criminal law Administrative law Daytona State College School of Emergency Services
Local Ordinances Local government laws Examples: Address local issues All misdemeanors or civil wrongs Apply only within the jurisdiction Cannot conflict with state or federal law Examples: Parking laws, sign ordinances, open container laws Daytona State College School of Emergency Services
Criminal Law A subset of statutory law Examples: Defines unacceptable behaviors and government prosecution of those who commit them Must clearly define the unacceptable behaviors Must set punishment for violation Examples: Robbery, kidnapping, murder, theft, trespassing, burglary, sexual battery Daytona State College School of Emergency Services
Case Law Decisions of the court system set precedence Lower courts take notice of higher court rulings Lower courts must abide by upper court rulings Lower courts get guidance from upper court rulings Supreme Court interprets the standards of the Constitution against today’s events Daytona State College School of Emergency Services
Civil Law Legal action to resolve a private dispute No crime involved, but one claims that another is responsible for some damage or injury Court is called to help resolve the situation Court hears both sides, determines responsibility Harmed person/company (plaintiff) files a lawsuit against the person allegedly causing the harm (defendant), asking the court to decide responsibility Daytona State College School of Emergency Services
Law and the Police Police enforce criminal law Police must abide by case law, stay informed Police enforce ordinances Police respond to civil cases, helping to resolve situations without violence Police note statutory/ regulatory issues and report them Daytona State College School of Emergency Services
Questions? Daytona State College School of Emergency Services