Types of Laws GOALS Lesson 1-2 CHAPTER 1 4/16/2017 Chapter 1 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

WHAT ARE THE SOURCES OF OUR LAWS? CHAPTER 1 4/16/2017 Chapter 1 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

WHAT ARE THE SOURCES OF OUR LAWS? CHAPTER 1 4/16/2017 Chapter 1 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

WHAT ARE THE SOURCES OF OUR LAWS? CHAPTER 1 4/16/2017 Chapter 1 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 

WHAT ARE THE SOURCES OF OUR LAWS? CHAPTER 1 4/16/2017 Chapter 1 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

WHAT HAPPENS WHEN LAWS CONFLICT? CHAPTER 1 4/16/2017 Chapter 1 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

WHAT HAPPENS WHEN LAWS CONFLICT? CHAPTER 1 4/16/2017 Chapter 1 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)

WHAT HAPPENS WHEN LAWS CONFLICT? CHAPTER 1 4/16/2017 Chapter 1 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

WHAT ARE THE MAIN TYPES OF LAWS? CHAPTER 1 4/16/2017 Chapter 1 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

WHAT HAPPENS WHEN LAWS CONFLICT? CHAPTER 1 4/16/2017 Chapter 1 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

WHAT HAPPENS WHEN LAWS CONFLICT? CHAPTER 1 4/16/2017 Chapter 1 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

WHAT HAPPENS WHEN LAWS CONFLICT? CHAPTER 1 4/16/2017 Chapter 1 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