Section 1.2

What You’ll Learn How to recognize the various parts of the U.S. Constitution (p. 14) How to explain the components of common law (p. 17)

What You’ll Learn How to explain the purposes of statutory law (p. 18) How to identify the various ways that courts make law (p. 20)

What You’ll Learn How the government makes administrative regulations (p. 21)

Why It’s Important Learning how the law is made will help you make decisions regarding your legal responsibilities.

Legal Terms Constitution (p. 14) common law (p. 17) precedent (p. 17) statutes (p. 18)

Legal Terms unconstitutional (p. 19) legislature (p. 19) administrative law (p. 21)

The Five Main Sources of U.S. Law Section Outline The Five Main Sources of U.S. Law Constitutional Law Common Law Statutory Law Court Decisions Administrative Regulations

Pre-Learning Question Why are there different sources of law?

The Five Main Sources of U.S. Law Although the five main sources of law may seem different, they all pertain to the law in some way. Constitutional Law (Federal and State Constitutions) Common Law (English Common Law)

The Five Main Sources of U.S. Law Statutory Law (Statutes) Court Decisions Administrative Regulations (Administrative Law)

Constitutional Law A country’s constitution spells out the principles by which the government operates. In our country, the most fundamental law is the U.S. Constitution.

The U. S. Constitution Sets forth the fundamental rights of citizens. Defines the limits within which the federal and state governments may pass laws. Describes the functions of different branches and divisions of our national government.

The U. S. Constitution The U.S. Constitution consists of seven articles (with applicable sections) and 27 amendments. The articles establish the national government. The amendments outline the rights of the people.

The U. S. Constitution The Bill of Rights protects two kinds of rights: Rights of individual liberty Rights of persons accused of crimes

The Articles of the Constitution 1.2 The Articles of the Constitution of the United States, in order to form… Article I. The Legislative Branch Article II. The Executive Branch Article III. The Judicial Branch Article IV. Relations Among States Article V. The Amending Process Article VI. National Supremacy Article VII. The Ratification of the Constitution

Common Law In the early days of English history, judges traveled in circuits around England deciding cases. Because there was no written law, judges made decisions based on customs and traditions.

Common Law Judges shared their decisions with other judges. They tried to share the same law “in common” with everyone else throughout the country. This practice formed the basis of common law.

Precedent Common law led to the doctrine of precedent, which means a judge is required to follow an earlier court decision when deciding a case with similar circumstances. Stare decisis means “let the decision stand.”

How many amendments are there to the U.S. Constitution?

ANSWER 27

Statutory Law Statutes are laws specifically passed by a governing body, such as the U.S. Congress, state legislatures, and city councils.

Statutory Law A statute may order people to do something, such as pay taxes or sign up for the military draft. A statute may also forbid people from doing something, such as discriminating in employment.

Statutory Law Federal statutes are laws passed by Congress and signed by the president. State statues are laws passed by a state’s own legislature, or body of lawmakers.

Statutory Law Federal and state statutes cannot conflict with the U.S. Constitution, or they may be ruled unconstitutional, or invalid.

Court Decisions Courts make laws in three ways: Through common-law tradition By interpreting statutes By judicial review

Sunflower City passed an ordinance that requires all commercial signage to incorporate a sunflower into the design. What is the source of this law?

ANSWER Statutory law

Administrative Regulations Legislatures often give the power to regulate a particular kind of activity to an administrative, or regulatory, agency. Administrative law consists of those rules and procedures established by regulatory agencies.

Reviewing What You Learned Section 1.2 Assessment Reviewing What You Learned What are the various parts of the U.S. Constitution?

Reviewing What You Learned Answer Section 1.2 Assessment Reviewing What You Learned Answer Articles, which establish the national government, and amendments, which outline the rights of the people.

Reviewing What You Learned What are the components of common law? Section 1.2 Assessment Reviewing What You Learned What are the components of common law?

Reviewing What You Learned Answer Section 1.2 Assessment Reviewing What You Learned Answer Based upon previous court decisions

Reviewing What You Learned What are the purposes of statutory law? Section 1.2 Assessment Reviewing What You Learned What are the purposes of statutory law?

Reviewing What You Learned Answer Section 1.2 Assessment Reviewing What You Learned Answer To order people to do something or prohibit people from doing things.

Reviewing What You Learned How do the courts make laws? Section 1.2 Assessment Reviewing What You Learned How do the courts make laws?

Reviewing What You Learned Answer Section 1.2 Assessment Reviewing What You Learned Answer Using common law, statutory interpretation, and judicial review.

Reviewing What You Learned Section 1.2 Assessment Reviewing What You Learned How does the government make administrative regulations?

Reviewing What You Learned Answer Section 1.2 Assessment Reviewing What You Learned Answer Through the use of administrative agencies.

Critical Thinking Activity Sources of Law Section 1.2 Assessment Critical Thinking Activity Sources of Law Why is it important to be able to distinguish between the U.S. Constitution and statutory law?

Critical Thinking Activity Answer Sources of Law Section 1.2 Assessment Critical Thinking Activity Answer Sources of Law Answers will vary, but understanding the source of a law may help you understand the reason for the law itself.

Legal Skills in Action The Articles of Confederation Section 1.2 Assessment Legal Skills in Action The Articles of Confederation The U.S. Constitution is not the original governing document for the United States. At one time, the national government was organized and operated under the Articles of Confederation.

Legal Skills in Action The Articles of Confederation Section 1.2 Assessment Legal Skills in Action The Articles of Confederation The Articles lasted only a decade, however. With a partner, conduct a research project to uncover the weaknesses of the Articles of Confederation.

Legal Skills in Action Answer Section 1.1 Assessment Section 1.2 Assessment Legal Skills in Action Answer The Articles of Confederation Reports will vary, but should cite sources to support their findings.

End of Section 1.2