The Law and the Courts

Section 1.1 The Foundations of Law

Section 1.1 The Foundations of Law Morality refers to a society’s values and + Ethics refers to the rules used to determine the difference between +

What Does Ethics Come From? The Greatest Good - If the action will cause the greatest good for the + The Golden Rule - Do unto others as you would have + Real-World Ethics – Says that there are moral rules that most people know +

Section 1.1 The Foundations of Law People do not always behave morally or ethically, so we need law. Law is a system of rules established by a government according to the values of society and +

Section 1.1 The Foundations of Law There are five main sources of law: constitutional law common law statutory law court decisions administrative law

Section 1.1 The Foundations of Law Constitutional Law Constitutional law is the set of laws created by a country’s constitution. A constitution is a formal document that lays out the basic principles +.

The constitution of the United states Describes the three branches of the U.S. Government and their roles + Sets up the limits within which the federal and state + The Constitution also sets down the rights of the people

Article Article 1 legislative branch (+) responsible for passing laws Article 2 executive branch (+) responsible for enforcing the laws Article 3 judiciary branch(+) responsible for interpreting law

Section 1.1 The Foundations of Law Common Law Common law is the set of laws created over time through customs and judgments by courts, which later courts must follow. Where does common law come from? +

Section 1.1 The Foundations of Law Statutory Law Statutory law is the set of laws created by a governing body, called a legislature, whose purpose is to pass new laws. Statute - is a law passed + Where does statute law come from? +

How laws are made Federal Statutes – laws passed by congress and signed by the president Commerce Clause – congress has the power to make laws pertaining to interstate commerce State statutes – passed by legislature and signed by the governor Ordinances – +

Section 1.1 The Foundations of Law Court Decisions (+) Courts make laws in three ways: through the common law tradition by interpreting statutes through judicial review, or deciding whether some laws conflict with the Constitution

Section 1.1 The Foundations of Law Administrative Law Administrative law is the set of laws created by government agencies. For example, the Federal Trade Commission has the power to make rules regulating business. (+)