Presentation on theme: "Unit A: Basics of the Law Objective 01.01"— Presentation transcript:
1Unit A: Basics of the Law Objective 01.01 Understand the origins of law.SOURCES OF AMERICAN LAW
2Sources of American Law Common LawLaw of PrecedentStatutory LawFederal and State ConstitutionsAdministrative Law
3Common Law Unwritten laws Based on customs and traditions of people in a society
4English Common LawThe King’s court of judges traveled in circuits around the countryside deciding cases.Decisions were based on local customs and traditions.The judges shared decisions with other judges so justice was served equally or “in common.”
5Common LawColonists brought English Common Law doctrines with them to America.Primary basis of American legal system
6Common Law Adopted by US legal system Common law developed into a legal system modeled by nations around the world
7Student Response: Are there unwritten rules in your home? Are they important for justice, stability and “domestic tranquility” in your home?Name two.
8Law of PrecedentJudges referred to decisions in previous common law cases.Judges applied that decision to a new but similar case.Thus, Law of Precedent established.
9Law of Precedent Also called Case law Also called the Doctrine of stare decisisLatin for “Let the decision stand”
10Law of Precedent Evolved from sharing common law Judge researches a similar previous court case.Judge applies that decision to new case.
11Statutory Law Common law was eventually written down Legislative bodies adopted common lawsCommon law became statutes.
12Statutory LawStatutory law is enacted (passed, created, ratified) by a governing body for a specific purpose.Federal legislatureCreates statutes, actsState legislatureCreates statutesMunicipal (city/town) governmentCreates local ordinances and by-laws
13Statutes All statutes- Are subject to review by judicial system Must be constitutional - cannot conflict with the United States Constitution
14Judicial ReviewPrecedent set by Marbury vs. Madison, 1803, gave court system the right to:Review Lower Court DecisionsReview Statutory lawsReview Executive Branch
15Constitutional Law The US Constitution is the supreme law of land. Any state or local law that conflicts with the US Constitution is unconstitutional.If unconstitutional, then law is null and void.The Supremacy Clause, US Constitution Article VI
16Who has supremacy?A higher court prevails over any lower court decisions.A federal law prevails over state laws.State law prevails over municipal (town or city) ordinances.Supreme Court determines questions of constitutionality.
17Constitutional Law Balance of powers between the three branches Legislative –Article 1Executive – Article 2Judicial – Article 3Checks and balances between the branches limits their power.
18Rights of Citizens US Constitution guarantees rights to citizens Bill of Rights – Individual rightsRights of RepresentationArrest/Trial RightsSuffrage (Voting) RightsStates RightsRight to amend Constitution
19Student Response: The Bill of Rights What is the Bill of RightsFirst Ten Amendments to ConstitutionWhat does the Bill of Rights do?Protects the basic rights of citizensCan you name the rights included in the Bill of Rights?
20Duties of Citizens Duty of Citizens Breach of Duty #1 Allegiance to countryBreach of DutyTreason-disloyalty to countryExpatriation-the act of abandoning one’s country
21Student Response: What other duties of citizenship can you name? Obey lawsJury dutyVotingMilitary serviceServe in elected position
22Administrative LawAdministrative law is the regulations, orders, rules and decisions of administrative agencies.Legislators create an administrative or regulatory agency.Purpose is to regulate certain activities for the benefit of the public.
23Administrative (Regulatory) Agencies Have the power to:Make rulesEnforce rulesInvestigate violationsDecide guilt or innocence of violatorsPenalize those convictedOrder actions to stop
24Administrative Agencies Are set up when expert knowledge is neededHave a limited scope of powerAre subject to judicial review by the court system
25Regulatory Agency Example Environmental Protection Agency (EPA)Established by federal law to help keep our environment clean and healthy for the enjoyment of all citizensEstablishes and enforces rules related to protection of our environmentCan prosecute, fine and issue cease and desist orders against offenders
26Student Response:What other regulatory agencies can you name and what do they do?National Labor Relations BoardFederal Communication CommissionFederal Aviation AdministrationInterstate Commerce CommissionSocial Security Administration
27Student Response Name a federal law. Fair Labor Standards Act (minimum wage)Name a law enacted by the NC legislature.NC General Statute: Seat belt requirementName a local city or county ordinance.City noise ordinances
28Student Response How do these laws affect you? Do you disagree with any laws?
29If you disagree, what can you do? Civil DisobedienceOpen peaceful protest of a lawRight to protest is guaranteedFirst Amendment in Bill of RightsWrite your representativeVote when eligibleWork to get the law changed
30Student Response: Critical Thinking “The law should be stable but not still.”Do you agree or disagree? Explain your answer in a short paragraph.