1. Law, Justice, & You
Unit 1

2. Types of Laws
Goals:
Explain how constitutional, statutory, case, and administrative laws are created
Explain how to resolve conflicts between constitutional , statutory, case, and administrative laws
Describe the differences between criminal and civil, substantive and procedural, and business and other forms of law
Laws are created at all three levels of government: federal, state, local

3. Constitutions
Document that sets forth the framework of a government and its relationship to the people it governs
You are governed by the
Constitution of the United States
Constitution of the state of California
The Supreme Court of the U.S. is the final interpreter of the federal constitution.
The California Supreme Court is the
final authority of the state constitution.

4. Constitutions
Federal and state constitutions define and allocate certain powers into our society
Allocate powers
Between the people and their government
Between state governments and the federal government
Among the branches of the government

5. Constitutions Allocation of power between people and government
Federal Constitution is the main instrument
Bill of Rights
First ten amendments
Protects people from actions of their government

7. Constitutions
Allocation of power between federal and state governments
Example with business and commerce:
The constitution gives the federal governnemt the power to regulate both foreign and interstate commerce.
Not intrastate commerce

8. Constitutions Allocation of power among the branches of government
Three branches of government:
Executive
Legislative
Judicial
System of checks and balances

9. Statutes The federal Constitution created the Congress of the U.S.
State constitutions created the state legislatures
Both of composed of elected representatives of the people
These legislatures enact laws called Statutes

10. Administrative Regulations
Federal, state, and local legislatures all create administrative agencies
Governmental bodies formed to carry out particular laws
Social Security Administration (federal)
California Department of Transportation ( state)
Zoning Commission ( local)
Usually controlled by the executive branch
of government that formed the agency

11. Administrative Regulations
Legislative power
Authorized to create administrative laws
Rules and regulations
Limited judicial power
Hearings
Make determinations of fact
Apply the law to particular cases

12. Cases Trial ends, result appealed to higher court
Appeal based on legal rulings made by the lower court
When appellate court publishes opinion, it may state new rules to be used in deciding the case and others like it.

13. Cases Stare decisis “ to adhere to decided cases”
Lower courts must follow established case law in deciding similar cases
Generally doesn’t bind supreme courts
Seldom revoked

14. Conflicting Laws Constitutions and validity
The federal Constitution is the “supreme law of the land”
Any federal, state, or local law is not valid if it conflicts with the federal Constitution
Same within each state and state constitution
“Unconstitutional”

15. Conflicting Laws Statues and validity
Must be constitutional to be valid
Administrative regulations and validity
Can be reviewed by courts to determine if unconstitutional

16. Conflicting Laws Case law and validity
Courts are not the final authority
Statutes can be abolished or rewritten
Administrative agencies can revise regulations if challenged
People, through votes for representatives, have power to amend constitutions.

17. Criminal v. Civil Laws Civil Law
When the private legal rights of an individual are violated
One person ahs a right to sue another person
Police do not take action in civil conflicts

18. Criminal v. Civil Laws Criminal Law
Crime: an offense against society
Disrupts the stable environment that we depend on to make civilization work
Government acts in the name of all people to investigate an alleged crime
Conviction
Fine
Imprisonment
Execution ( in some states)

19. Criminal v. Civil Laws
When a crime occurs, private rights of the victim are usually violated too
Violation may be a crime or civil offense
Civil law may apply
Victim may sue the wrongdoer
I.E. – O.J Simpson, Michael Brown, Trayvon Martin, Sandra Bland, Oscar Grant, Rodney King

20. Procedural v. Substantive Laws
Procedural Law
Deals with methods of enforcing legal rights and duties
How and when police can make arrests
Trial methods
Stare decisis
Rules for determining the supremacy of conflicting laws

21. Procedural v. Substantive Laws
Two types of procedural law
Criminal procedure
Defines the process for enforcing the law when someone is charged with a crime
Civil procedure
Used when a civil law has been violated
Concerned only with private offenses
Police and public prosecutors generally don’t get involved

22. Procedural v. Substantive Laws
Defines rights and duties
Concerned with all rules of conduct except those involved with enforcement
Defines offenses
Murder
Theft
Vehicular homicide
Etc,

23. Business Law
Covers rules that apply to business situations and transactions
Mostly Civil Law
Contracts
Torts – private wrongs ( civil offenses) against people or organizations
Uniform Commercial Code (UCC)