1. Sources of
Law
Chapter 1.2

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

3. 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

4. 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

5. 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

6. 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.

7. 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.

8. 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)

9. 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

10. 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.

11. 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!!