1. Introduction to Law Evolution of Laws Daytona State College
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2. Objectives History of the American Legal System
Types of law in America
Constitutional Law
Statutory Law
Ordinance
Criminal Law
Case Law
Civil Law
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3. 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
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4. American Legal System Simple society Written laws not necessary
Peer pressure is high
Hierarchy determines acceptable behaviors
Those violating law are punished collectively
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5. 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
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6. Types of Laws Constitutional Law Statutory Law Ordinances Criminal Law
Case Law
Civil Law
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7. 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
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8. 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
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9. Statutory Law
Laws passed by Congress, state legislatures or local authorities
Includes:
Regulation
Civil law
Criminal law
Administrative law
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10. 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
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11. 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
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12. 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
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13. 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
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14. 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
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15. Questions?
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