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Published byHelena Christophersen Modified over 5 years ago
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Types of Law Essential Questions: What are the various types of laws in the united States?
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Types of Law There are various types of law to address different issues in society. Remember, laws are created to do the following: Protect basic human rights, Promote fairness, Help resolve conflicts, Promote order and stability, Represent the will of the majority, Protect the rights of the minority Because the legal system is expected to cover all aspects of our society, laws vary greatly. Congress writes laws for the United States as a whole and individual states may write their own laws to best meet the needs of the citizens living in their individual states. However, there are other groups that create laws for citizens to abide by.
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Constitutional Law Laws found within the United States Constitution fall under the Constitutional Law category. Constitutional Law includes laws found in the Articles of the Constitution about the structure and power of the Federal government as well as the in the 27 Amendments. Amendments are written by Congress and approved by state legislators. Constitutional Laws are the highest laws in the land.
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Statutory Law Statutory Laws (also known as statutes) are written by legislators at either the national (Congress) or state levels (NC General Assembly). Statutory Laws cannot conflict with Constitutional Laws, because if they do, they can be nullified by the judicial branch. Types of Statutory Law include Criminal Law and Civil Law
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Criminal Law Laws put into place in order to prevent people from deliberately or accidently harming each other, or each other’s property. Two types – major crimes are felonies; minor crimes are misdemeanors. Criminal laws are written by all levels of government If you violate a criminal law, you can be arrested.
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Civil Law Civil Laws help settle disputes between individuals or groups when no criminal laws have been violated. Civil Laws also help to protect citizens rights to equal treatment and to ensure that our society is fair (to an extent). You cannot be arrested for Civil Law violations.
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Administrative Law Regulations on individual and business behavior are also passed by Executive agencies. “Laws” passed by the Executive branch of government are called Administrative Laws.
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Common Law Common Law is a system used in the National and State courts. Common Law means that we use previous court decisions to help make decisions in the future. For example, imagine someone was convicted of premeditated murder and given a sentence of 60 years in prison. The next time a person is convicted of premeditated murder, they should also be given a sentence of 60 years in prison. Because we make sure that courts are giving out the same punishments for the same crimes, we ensure that the court system is fair. This is called using “precedent” or what has happened before.
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Identify the category of law for each of the following examples:
An individual commits murder. The government cannot force you to house soldiers in your home. The FDA says any person present during the production of medication must wear gloves, lab coat, hair net, and shoe covers. Billy files for divorce from Sandra. Federal law mandates that a first degree murder conviction results in life in prison or the death penalty. The NC General Assembly passed a law that says individuals may not use their cell phones to send or receive text messages while operating a motor vehicle.
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