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Law Law the system of rules of conduct established by the government of a society to maintain stability and justice the system of rules of conduct established.

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Presentation on theme: "Law Law the system of rules of conduct established by the government of a society to maintain stability and justice the system of rules of conduct established."— Presentation transcript:

1 Law Law the system of rules of conduct established by the government of a society to maintain stability and justice 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 rights and duties through law enforcement agencies, courts, legislatures and regulatory agencies Law provides a means of enforcing these rights and duties through law enforcement agencies, courts, legislatures and regulatory agencies

2 Law CANNOT always make people do what is right. However, law does have the power to punish people for doing things that are wrong

3 Five Main Sources of U.S. Law Constitutional Law Constitutional Law Common Law Common Law Statutory Law Statutory Law Court Decisions (Judicial Law) Court Decisions (Judicial Law) Administrative Regulations Administrative Regulations

4 Five Main Sources of US Law Constitutional Law Constitutional Law A country s constitution spells out the principles by which the government operates. A country s constitution spells out the principles by which the government operates. What is the most fundamental law in our country? What is the most fundamental law in our country? The US Constitution The US Constitution Our Constitution sets forth the rights of our citizens and defines the limits within which our federal and state governments set laws Our Constitution sets forth the rights of our citizens and defines the limits within which our federal and state governments set laws

5 Parts of the Constitution Article One Article One Sets up the Legislative Branch (Congress) Sets up the Legislative Branch (Congress) Article Two Article Two Sets up the Executive Branch (President) Sets up the Executive Branch (President) Article Three Article Three Sets up the Judicial Branch (Courts) Sets up the Judicial Branch (Courts) Article Four Article Four Relations among states – what does this mean? Relations among states – what does this mean? Each state must accept the laws of the other states Each state must accept the laws of the other states

6 Parts of the Constitution (cont.) Article Five Article Five The Amending Process (how the Constitution may be amended or changed) The Amending Process (how the Constitution may be amended or changed) Article Six Article Six National Supremacy National Supremacy This establishes that the Constitution is the Supreme Law of the Land This establishes that the Constitution is the Supreme Law of the Land Article Seven Article Seven Ratification (1787) Ratification (1787)

7 Amendments to the Constitution The first ten amendments are called: The first ten amendments are called: The Bill of Rights (ratified in 1791) The Bill of Rights (ratified in 1791) The Bill of Rights serves two purposes The Bill of Rights serves two purposes To protect our rights and liberties as citizens To protect our rights and liberties as citizens To protect those accused of crimes To protect those accused of crimes There are 27 Amendments There are 27 Amendments

8 State Constitutions The 14th Amendement to the Federal Constitution states: The 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 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. Basically, this amendment requires that state governments give their citizens the same rights that the federal government does under the 5th Amendment.

9 Joe 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?

10 In 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 womans job. Hogan was admitted to the school of nursing

11 Common Law In 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. In 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.

12 Common Law (cont.) Court decisions were written down and a body of cases developed. Court decisions were written down and a body of cases developed. Judges would refer to past cases as a guide to make decisions Judges would refer to past cases as a guide to make decisions This was known as precedent This was known as precedent

13 Statutory Law Statutes are laws that are passed by a governmental body that has been created for the purpose of making laws. Statutes are laws that are passed by a governmental body that has been created for the purpose of making laws. What does that mean exactly? 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 laws Statutory laws are any laws passed after the Constitution granted the federal government and the states the ability to make laws In other words, they are not constitutional laws In other words, they are not constitutional laws

14 Statutory Laws (cont.) Examples of Statutes include Examples of Statutes include Require you to wear your seatbelt. Require you to wear your seatbelt. Requires citizens to pay taxes Requires citizens to pay taxes To enroll in the draft when 18 years of age To enroll in the draft when 18 years of age Prevention of discrimination Prevention of discrimination Laws passed by Congress, state legislators, local councils, or even town meetings are ALL Statutory Law Laws passed by Congress, state legislators, local councils, or even town meetings are ALL Statutory Law

15 Statutory Laws (cont) Statutory law can be in the form of: Statutory law can be in the form of: State and federal statutes State and federal statutes City Ordinances City Ordinances Town Bylaws Town Bylaws This serves the purpose of telling us at what level of government the statutory law was passed. This serves the purpose of telling us at what level of government the statutory law was passed.

16 Federal Statutes The US Congress is called a legislature The US Congress is called a legislature That means they are a group of lawmakers That means they are a group of lawmakers Article One of the Constitution grants them the right to make laws…..statutory laws Article One of the Constitution grants them the right to make laws…..statutory laws Because the Constitution is the Supreme Law of the Land, Congress may not pass laws that go against the Constitution. Because the Constitution is the Supreme Law of the Land, Congress may not pass laws that go against the Constitution. What are these called? What are these called? Unconstitutional Unconstitutional

17 State Legislatures Have the same function as Congress Have the same function as Congress But they create statutory law only at their state s level But they create statutory law only at their state s level Just like Congress, state legislatures cannot pass unconstitutional law Just like Congress, state legislatures cannot pass unconstitutional law

18 Court Decisions (Judiciary Law) Courts make law three different ways Courts make law three different ways Common Law Tradition Common Law Tradition Interpreting Statutes Interpreting Statutes Judicial Review Judicial Review

19 Common Law Tradition Decisions 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. Decisions 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 So, if these decisions are not altered by a statute (congressionally passed law) they will continue to rule

20 Interpreting Statutes When a statute is confusing, unclear, or incomplete, it s the court s job to figure out what it means. 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. A judge cannot just interpret any statute they please. The statute must be involved in a case that has been brought before the judge The statute must be involved in a case that has been brought before the judge

21 Judicial Review The courts can also decide whether laws and other government activities are consistent with the Constitution. The courts can also decide whether laws and other government activities are consistent with the Constitution. Also known as: Unconstitutional Also known as: Unconstitutional Any laws or government actions that violate the Constitution can be declared unconstitutional by a court. Any laws or government actions that violate the Constitution can be declared unconstitutional by a court. The supreme court is the final authority regarding constitutionality. The supreme court is the final authority regarding constitutionality.

22 Administrative Regulations Sometimes, congresspeople and lawmakers do not know enough about a specific topic to be able to pass proper laws Sometimes, congresspeople and lawmakers do not know enough about a specific topic to be able to pass proper laws They appoint administrative agencies to regulate a particular activity They appoint administrative agencies to regulate a particular activity

23 Administrative Agencies These groups tend to have a wide range of powers: These groups tend to have a wide range of powers: They make their own rules They make their own rules Enforce their own rules Enforce their own rules Investigate violations of the rules Investigate violations of the rules And decide the guilt or innocence of those who violate the rules And decide the guilt or innocence of those who violate the rules Administrative law consists of the rules and procedures established by regulatory agencies. Administrative law consists of the rules and procedures established by regulatory agencies.


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