Presentation on theme: "Law the system of rules of conduct established by the government of a society to maintain stability and justice Law provides a means of enforcing these."— Presentation transcript:
1Lawthe system of rules of conduct established by the government of a society to maintain stability and justiceLaw provides a means of enforcing these rights and duties through law enforcement agencies, courts, legislatures and regulatory agencies
2Law CANNOT always make people do what is right Law CANNOT always make people do what is right. However, law does have the power to punish people for doing things that are wrong
3Five Main Sources of U.S. Law Constitutional LawCommon LawStatutory LawCourt Decisions (Judicial Law)Administrative Regulations
4Five Main Sources of US Law Constitutional LawA country’s constitution spells out the principles by which the government operates.What is the most fundamental law in our country?The US ConstitutionOur Constitution sets forth the rights of our citizens and defines the limits within which our federal and state governments set laws
5Parts of the Constitution Article OneSets up the Legislative Branch (Congress)Article TwoSets up the Executive Branch (President)Article ThreeSets up the Judicial Branch (Courts)Article FourRelations among states – what does this mean?Each state must accept the laws of the other states
6Parts of the Constitution (cont.) Article FiveThe Amending Process (how the Constitution may be amended or changed)Article SixNational SupremacyThis establishes that the Constitution is the “Supreme Law of the Land”Article SevenRatification (1787)
7Amendments to the Constitution The first ten amendments are called:The Bill of Rights (ratified in 1791)The Bill of Rights serves two purposesTo protect our rights and liberties as citizensTo protect those accused of crimesThere are 27 Amendments
8State ConstitutionsThe 14th Amendement to the Federal Constitution states:No state shall “deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of laws”Basically, this amendment requires that state governments give their citizens the same rights that the federal government does under the 5th Amendment.
9Joe Hagan was denied admission to the Mississippi University for Women School of Nursing solely because of his gender. The university is supported by funds provided by the state government. What Amendment does this violate?
10In 1982, the U.S. Supreme Court held that the single-sex admissions policy of the state school violated the equal protection clause of the Fourteenth Amendment. The court said that the policy continued the stereotype of nursing as a woman’s job. Hogan was admitted to the school of nursing
11Common LawIn the early days, there was no written law. So judges shared their decisions with other judges and made the same law “in common” with everyone in the country.
12Common Law (cont.)Court decisions were written down and a body of cases developed.Judges would refer to past cases as a guide to make decisionsThis was known as “precedent”
13Statutory LawStatutes are laws that are passed by a governmental body that has been created for the purpose of making laws.What does that mean exactly?Statutory laws are any laws passed after the Constitution granted the federal government and the states the ability to make lawsIn other words, they are not constitutional laws
14Statutory Laws (cont.) Examples of Statutes include Require you to wear your seatbelt.Requires citizens to pay taxesTo enroll in the draft when 18 years of agePrevention of discriminationLaws passed by Congress, state legislators, local councils, or even town meetings are ALL Statutory Law
15Statutory Laws (cont) Statutory law can be in the form of: State and federal statutesCity OrdinancesTown BylawsThis serves the purpose of telling us at what level of government the statutory law was passed.
16Federal Statutes The US Congress is called a legislature That means they are a group of lawmakersArticle One of the Constitution grants them the right to make laws…..statutory lawsBecause the Constitution is the Supreme Law of the Land, Congress may not pass laws that go against the Constitution.What are these called?Unconstitutional
17State Legislatures Have the same function as Congress But they create statutory law only at their state’s levelJust like Congress, state legislatures cannot pass unconstitutional law
18Court Decisions (Judiciary Law) Courts make law three different waysCommon Law TraditionInterpreting StatutesJudicial Review
19Common Law TraditionDecisions made by the highest court (state or federal) become the law of that state or government and must be followed by other courts in that state thereafter.So, if these decisions are not altered by a statute (congressionally passed law) they will continue to rule
20Interpreting Statutes When a statute is confusing, unclear, or incomplete, it’s the court’s job to figure out what it means.A judge cannot just interpret any statute they please.The statute must be involved in a case that has been brought before the judge
21Judicial ReviewThe courts can also decide whether laws and other government activities are consistent with the Constitution.Also known as: UnconstitutionalAny laws or government actions that violate the Constitution can be declared unconstitutional by a court.The supreme court is the final authority regarding constitutionality.
22Administrative Regulations Sometimes, congresspeople and lawmakers do not know enough about a specific topic to be able to pass proper lawsThey appoint administrative agencies to regulate a particular activity
23Administrative Agencies These groups tend to have a wide range of powers:They make their own rulesEnforce their own rulesInvestigate violations of the rulesAnd decide the guilt or innocence of those who violate the rulesAdministrative law consists of the rules and procedures established by regulatory agencies.