1. Business Law Unit 1 Law, Justice, and You
Lesson 1-2
Types of Laws

2. Goals Identify the four sources of law
Discuss how to resolve conflicts between different sources of laws
Compare and contrast criminal and civil law, and substantive and procedural law

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 New Jersey
The Supreme Court of the United States is the final interpreter of the federal Constitution
The New Jersey Supreme Court is the final authority of the state constitution

4. Constitutions
When courts interpret constitutions, constitutional law is made
Federal Constitution is “the supreme law of the land”
Fed. Constitution is the main instrument for allocating powers between people and their governments
Bill of Rights – 1st 10 amendments
First ten amendments
Protects people from actions of their government
Freedom of speech, right to remain silent, etc

5. Constitutions
Fed. Constitution allocates power between federal and state government
Interstate commerce taken care of by federal government
Intrastate commerce taken care of by the state government

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

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

8. Case Law Created by the Judicial Branch
Can be both at Federal and State Level
After Trial is ended and appeal is made the appellate court publishes it’s opinion = case law
Case Law states new rules to be used in deciding similar/same cases
Stare Decisis – “Let the decision stand”
Not always binding to the supreme court

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

10. 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

11. Conflicting Laws
Any federal, state, or local statute, case law or admin. decision is not valid if it conflicts with the constitution (unconstitutional)
The people have the power to amend the constitution if they disagree with the Supreme Court’s interpretation

12. Conflicting Laws Statutes and validity
Must be constitutional to be valid
Court can examine to see if the body that authorized it exceeded the scope of their powers
Administrative regulations and validity
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

13. Main types of Laws Civil and criminal laws
Procedural and substantive laws
Business law
Uniform business laws

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

15. Civil v. Criminal Law 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 the people to investigate an alleged crime
Conviction
Fine
Imprisonment
Execution (in some states)
*An offense can be both a crime and civil offense.

16. 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

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

18. Substantive Laws Substantive laws Defines rights and duties
Concerned with all rules of conduct except those involved with enforcement
Defines offenses
Murder
Theft
Vehicular homicide, etc.

19. 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)-a set of laws that is formulated hoping states will adopt them.

20. Types of Laws