2 Types of LawsGoals:Explain how constitutional, statutory, case, and administrative laws are createdExplain how to resolve conflicts between constitutional , statutory, case, and administrative lawsDescribe the differences between criminal and civil, substantive and procedural, and business and other forms of lawLaws are created at all three levels of government: federal, state, local
3 ConstitutionsDocument that sets forth the framework of a government and its relationship to the people it governsYou are governed by theConstitution of the United StatesConstitution of the state of CaliforniaThe Supreme Court of the U.S. is the final interpreter of the federal constitution.The California Supreme Court is thefinal authority of the state constitution.
4 ConstitutionsFederal and state constitutions define and allocate certain powers into our societyAllocate powersBetween the people and their governmentBetween state governments and the federal governmentAmong the branches of the government
5 Constitutions Allocation of power between people and government Federal Constitution is the main instrumentBill of RightsFirst ten amendmentsProtects people from actions of their government
7 ConstitutionsAllocation of power between federal and state governmentsExample with business and commerce:The constitution gives the federal governnemt the power to regulate both foreign and interstate commerce.Not intrastate commerce
8 Constitutions Allocation of power among the branches of government Three branches of government:ExecutiveLegislativeJudicialSystem of checks and balances
9 Statutes The federal Constitution created the Congress of the U.S. State constitutions created the state legislaturesBoth of composed of elected representatives of the peopleThese legislatures enact laws called Statutes
10 Administrative Regulations Federal, state, and local legislatures all create administrative agenciesGovernmental bodies formed to carry out particular lawsSocial Security Administration (federal)California Department of Transportation ( state)Zoning Commission ( local)Usually controlled by the executive branchof government that formed the agency
11 Administrative Regulations Legislative powerAuthorized to create administrative lawsRules and regulationsLimited judicial powerHearingsMake determinations of factApply the law to particular cases
12 Cases Trial ends, result appealed to higher court Appeal based on legal rulings made by the lower courtWhen appellate court publishes opinion, it may state new rules to be used in deciding the case and others like it.
13 Cases Stare decisis “ to adhere to decided cases” Lower courts must follow established case law in deciding similar casesGenerally doesn’t bind supreme courtsSeldom revoked
14 Conflicting Laws Constitutions and validity The federal Constitution is the “supreme law of the land”Any federal, state, or local law is not valid if it conflicts with the federal ConstitutionSame within each state and state constitution“Unconstitutional”
15 Conflicting Laws Statues and validity Must be constitutional to be validAdministrative regulations and validityCan be reviewed by courts to determine if unconstitutional
16 Conflicting Laws Case law and validity Courts are not the final authorityStatutes can be abolished or rewrittenAdministrative agencies can revise regulations if challengedPeople, through votes for representatives, have power to amend constitutions.
17 Criminal v. Civil Laws Civil Law When the private legal rights of an individual are violatedOne person ahs a right to sue another personPolice do not take action in civil conflicts
18 Criminal v. Civil Laws Criminal Law Crime: an offense against societyDisrupts the stable environment that we depend on to make civilization workGovernment acts in the name of all people to investigate an alleged crimeConvictionFineImprisonmentExecution ( in some states)
19 Criminal v. Civil LawsWhen a crime occurs, private rights of the victim are usually violated tooViolation may be a crime or civil offenseCivil law may applyVictim may sue the wrongdoerI.E. – O.J Simpson, Michael Brown, Trayvon Martin, Sandra Bland, Oscar Grant, Rodney King
20 Procedural v. Substantive Laws Procedural LawDeals with methods of enforcing legal rights and dutiesHow and when police can make arrestsTrial methodsStare decisisRules for determining the supremacy of conflicting laws
21 Procedural v. Substantive Laws Two types of procedural lawCriminal procedureDefines the process for enforcing the law when someone is charged with a crimeCivil procedureUsed when a civil law has been violatedConcerned only with private offensesPolice and public prosecutors generally don’t get involved
22 Procedural v. Substantive Laws Defines rights and dutiesConcerned with all rules of conduct except those involved with enforcementDefines offensesMurderTheftVehicular homicideEtc,
23 Business LawCovers rules that apply to business situations and transactionsMostly Civil LawContractsTorts – private wrongs ( civil offenses) against people or organizationsUniform Commercial Code (UCC)