1. Types of Laws GOALS Lesson 1-2
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Lesson 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

2. WHAT ARE THE SOURCES OF OUR LAWS?
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WHAT ARE THE SOURCES OF OUR LAWS?
Constitutions
Constitutional Law – law made when constitutions are adopted or amended, or when courts interpret constitutions
We are governed by:
US Constitution &
State Constitution

3. WHAT ARE THE SOURCES OF OUR LAWS?
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WHAT ARE THE SOURCES OF OUR LAWS?
Allocation of power
between people and government – does this with the Bill of Rights
between federal and state governments – powers of business divided on the basis of commerce
Fed – foreign and interstate commerce
State – intrastate commerce
among branches of government – system of checks and balances / ensures no branch becomes too powerful

4. WHAT ARE THE SOURCES OF OUR LAWS?
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WHAT ARE THE SOURCES OF OUR LAWS?
Statutes – Law enacted by legislatures
State legislatures are created by state constitutions
What’s Your Verdict? (Congress requires cigarette makers to print these words on every cigarette package: “Warning: the Surgeon General has determined that cigarette smoking is dangerous to your health”)
What type of law requires this?
Statute enacted by the US Congress
Ordinance – legislation enacted at the local level
Administrative regulations
Administrative Agencies – governmental bodies created by federal, state, and local legislatures to carry out particular laws DEA 

5. WHAT ARE THE SOURCES OF OUR LAWS?
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WHAT ARE THE SOURCES OF OUR LAWS?
Administrative Agencies –cont.
Laws created are called “Rules and Regulations”
Case law – law made after a trial has ended and one of the parties has appealed the result to a higher court (judicial branch)
Stare Decisis – legal doctrine that requires lower courts to follow established case law in deciding similar cases (to adhere to decided cases)
“In This Case” – example of state case law

6. WHAT HAPPENS WHEN LAWS CONFLICT?
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WHAT HAPPENS WHEN LAWS CONFLICT?
Constitutions and validity
Constitutions – highest source of law “supreme law of the land”
If any federal, state, or local law conflicts – not valid
Unconstitutional – a law that is invalid because it conflicts with a constitution

7. WHAT HAPPENS WHEN LAWS CONFLICT?
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WHAT HAPPENS WHEN LAWS CONFLICT?
Statutes and validity – must be constitutional to be valid (courts determine constitutionality)
Administrative regulations and validity – courts also determine constitutionality
Case law and validity – a legislative body has power to nullify a court’s interpretation of a statute or ordinance
People have the power to amend constitutions if they disagree (voting for representatives)

8. WHAT HAPPENS WHEN LAWS CONFLICT?
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WHAT HAPPENS WHEN LAWS CONFLICT?
What’s Your Verdict? (When adopted, the U.S. Constitution provided that there could be no income tax. So when Congress levied a 2% income tax in 1894, the U.S. Supreme Court declared it unconstitutional. Many people wanted the federal government to raise money by taxing incomes because the burden imposed would be based on one’s ability to pay. )
Could the people do anything to change the effect of the Supreme Court decision?
16th Amendment to US Constitution gave Congress power to lay and collect an income tax - nullified the US Supreme Court decision

9. WHAT ARE THE MAIN TYPES OF LAWS?
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WHAT ARE THE MAIN TYPES OF LAWS?
Criminal v. civil laws
Civil law – group of laws that redress wrongs against individual persons
Applies when one person has a right to sue another person
No police involvement
Crime – an offense against society
Protects citizens right to live in peace

10. WHAT HAPPENS WHEN LAWS CONFLICT?
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WHAT HAPPENS WHEN LAWS CONFLICT?
What’s Your Verdict? (Worthington was driving down the road well within the speed limit. At a stop sign he slowed to about 15 miles per hour, but he did not stop. As a result, he smashed into the side of Bates’ Mercedes, causing $12,000 in damage.)
Did Worthington violate civil or criminal law?
Both: Crime – driving through stop sign
Civil – carelessly driving into another’s vehicle
Procedural v. substantive laws
Business law

11. WHAT HAPPENS WHEN LAWS CONFLICT?
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WHAT HAPPENS WHEN LAWS CONFLICT?
Procedural v. substantive laws
Procedural law – laws dealing with methods of enforcing legal right and duties
Substantive law – laws defining rights and duties of conduct except those involved in enforcement

12. WHAT HAPPENS WHEN LAWS CONFLICT?
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WHAT HAPPENS WHEN LAWS CONFLICT?
Business law – laws that apply to business situations and transactions
Mostly concerned with civil law – especially contracts
Torts – private wrongs against people or organizations
Uniform Commercial Code (UCC) – widely adopted uniform business law