Sources of Law Chapter 1.2.

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Presentation transcript:

Sources of Law Chapter 1.2

Sources of Law 5 main sources of law are: Federal & state constitutions English Common Law Statutes Court decisions Administrative Law

Sources of Law Constitution A country’s document which spells out the principles by which the government operates. The U.S. Constitution has 3 main parts: The Preamble The Articles Amendments

Sources of Law Constitution A country’s document which spells out the principles by which the government operates. The U.S. Constitution has 3 main parts: The Preamble The Articles Amendments

ARTICLE II Executive Branch Enforces Laws Sources of Law ARTICLE I Legislative Branch Makes Laws ARTICLE II Executive Branch Enforces Laws ARTICLE III Judicial Branch Interprets Laws ARTICLE IV States Rights ARTICLES V-VII Outline the Amendment process, National Supremacy & Ratification

Sources of Law Source #2 English Common Law Developed by Kings to centralize English government and used since 1189. Judges traveled the country judging decisions based on local customs Judges shared decisions with other judges to make rulings “in common” with each other Used in all states except Louisiana Precedent - Doctrine stating that a judge is required to follow an earlier court decision when deciding a case with similar circumstances.

Sources of Law Source #2 English Common Law What forms of precedent do your parents enforce at home? Is precedent fair? Precedent - Doctrine stating that a judge is required to follow an earlier court decision when deciding a case with similar circumstances.

Sources of Law Source #3 Statutes Statute - laws specifically passed by a governing body Can order people to do something Ex: Pay taxes Can prevent people from doing something Ex: Discrimination Federal Statutes - laws passed by the U.S. Congress State Statutes - Laws passed by state governments (State Congress, Assembly,etc)

Sources of Law Source #3 Statutes Remember: The Supreme Court can declare any statute that violates the Constitution as Unconstitutional! Unconstitutional - invalid; against the Constitution See Handout

Sources of Law Source #4 Court Decisions Court Law is sometimes called case law. Courts make laws in 3 ways: Common law tradition By interpreting statues (laws) - By judicial review A judge cannot interpret a statute unless that statute is involved in a dispute between 2 parties in a lawsuit before them. The Supreme Court has final authority regarding the constitutionality of all laws.

Sources of Law Source #5 Administrative Law A power given by the Legislative Branch to an administrative agency with knowledge over certain fields of business or departments. Also called Regulatory agencies Ex: FCC (Federal Communications Commission) Ex: FBI (Fed. Bureau of Investigations Ex: EPA (Environmental Protection Agency) EX: FDA (Food & Drug Administration) Ex: Homeland Security Department Checks & Balances still exist!!