Types and Sources of Law Chapter 1
Copyright © 2007 Thomson Delmar Learning Objectives Identify –Primary sources of law in the United States. –Three levels of government in the United States. –Three branches of government and their roles. –The difference between civil and criminal laws.
Copyright © 2007 Thomson Delmar Learning Objectives Distinguish between laws, standards, and codes. Identify differences in jurisdiction between federal, state, and local government.
Copyright © 2007 Thomson Delmar Learning Laws Are Important to Firefighters Fire departments –Created and controlled by laws FDs have legal authority to: –Enter private property –Evacuate people –Operate emergency vehicles
Copyright © 2007 Thomson Delmar Learning Laws and Fire Departments Laws place responsibility upon FDs: –Perform certain actions during emergencies –Respect medical confidentiality Some laws impact FDs operationally: –OSHA regulations –Enforce fire codes
Copyright © 2007 Thomson Delmar Learning Law Defined Must be obeyed and followed by citizens subject to sanctions or legal consequences
Copyright © 2007 Thomson Delmar Learning Sources of Laws From three levels of government 1.Federal 2.State 3.Local County Regional district City or town
Copyright © 2007 Thomson Delmar Learning Statutes Laws created by legislatures through a formal lawmaking process –Congress –State legislatures Federal statutes are codified in the United States Code –Abbreviated USC or USCA
Copyright © 2007 Thomson Delmar Learning Ordinances Laws passed by local legislatures –City or town councils –Must comply with state constitutions and U.S. Constitution –Cannot violate any state statutes
Copyright © 2007 Thomson Delmar Learning Regulations Laws created by administrative agencies –Administrative agencies exist on federal, state, and local level OSHA FCC EPA FAA
Copyright © 2007 Thomson Delmar Learning Regulations Federal regulations are codified in Code of Federal Regulations –Abbreviated CFR –Example 29 CFR
Copyright © 2007 Thomson Delmar Learning Case Law Decisions of judges while deciding cases Limitation 1: Must be a case or controversy –Judges may only issue rulings on cases brought before them May only address issues raised in the case
Copyright © 2007 Thomson Delmar Learning Limitation 2: Cases are binding on courts in same jurisdiction and at same or lower level –Complex area –Many exceptions to the rule Case Law
Copyright © 2007 Thomson Delmar Learning Common Law Judge-made law of England effective in the colonies on July 4, 1776 –Adopted into our laws –Represents a vast body of case law and legal principles that still apply in many cases
Copyright © 2007 Thomson Delmar Learning Less Common Sources of Law Executive orders Foreign treaties Lawful orders of a court –Examples Injunctions Temporary restraining orders Subpoenas
Copyright © 2007 Thomson Delmar Learning Constitutions and Charters U.S. government and each state has a constitution –Local governmental entities usually have charters
Copyright © 2007 Thomson Delmar Learning Primary Sources of Law FederalStateLocal Constitution Charter Statute Ordinance Regulation Case Law Common Law Executive Order
Copyright © 2007 Thomson Delmar Learning Two Functions of Constitution 1.Supreme Law –All other laws and governmental actions must comply with the U.S. Constitution –Laws and actions that violate the Constitution are invalid 2.Establishes government
Copyright © 2007 Thomson Delmar Learning Organization of Government
Copyright © 2007 Thomson Delmar Learning Executive Branch Runs daily operations of government Enforces law Examples –President – federal level –Governor – state level –Mayor – local level
Copyright © 2007 Thomson Delmar Learning Legislative Branch Makes laws Imposes taxes Examples –Congress –State legislature –City/town council
Copyright © 2007 Thomson Delmar Learning Judicial Branch Interprets law Resolves disputes over application and interpretation of the law
Copyright © 2007 Thomson Delmar Learning Separation of Powers Important principle underlying our form of government Purpose: No branch of government can intrude on, or exercise authority of, another branch
Copyright © 2007 Thomson Delmar Learning Role of Administrative Agencies Legislate –Pass regulations Enforce laws –OSHA, EPA Adjudicate –Hold hearings
Copyright © 2007 Thomson Delmar Learning Administrative Agencies Created by the legislature –Enabling Act Operate under the legislative branch –All administrative agencies –Run day-to-day operations of government
Copyright © 2007 Thomson Delmar Learning Local Government Some local governments do not have all three branches Some only have the legislative branch –Town council or city alderman exercise both legislative and executive authority
Copyright © 2007 Thomson Delmar Learning Standards and Codes Standards –Voluntary guidelines and recommendations –Do not have force and effect of law –Organizations Standards adopted into law –Have force and effect of law
Copyright © 2007 Thomson Delmar Learning Codes –Confusing name –Bodies of laws Fire code Criminal code –Compilations of standards National Electrical Code (NFPA) Standards and Codes
Copyright © 2007 Thomson Delmar Learning Building codes –Govern the construction of buildings –Enforced by local officials Fire codes –Primarily govern fire and life-safety issues –Enforced by FD or state fire marshal Standards and Codes
Copyright © 2007 Thomson Delmar Learning Civil versus Criminal Law Criminal LawCivil Law OriginGovernmentParty who has been wronged Burden of ProofBeyond a reasonable doubt More likely than not PenaltyJail, probation, fine or restitution Money damages or a court order
Copyright © 2007 Thomson Delmar Learning Federal jurisdiction –Limited by the Tenth Amendment “ The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” –Must be a basis for federal jurisdiction in the Constitution Jurisdiction
Copyright © 2007 Thomson Delmar Learning Jurisdiction State jurisdiction –All powers not delegated to federal government in the Constitution –Broad police powers Local jurisdiction –Exercise authority granted by state
Copyright © 2007 Thomson Delmar Learning Summary Laws have an important impact on fire service Most common sources of law Standards and codes Criminal law versus civil law Federal versus state versus local jurisdiction