Chapter Three Laws: Their Sources

Constitutional Law The federal government and each state have constitutions. Constitutions are documents whose primary purpose is to establish the government and define its functions and obligations in relationship to people.

Federal Constitution The U.S. Constitution serves two functions with respect to our laws. –First, it establishes the power and limits of the federal government to make other laws. –Second, the Constitution itself contains various rules or laws. Many of these laws are found in the amendments to the Constitution, including the Bill of Rights.

Case Law Common Law: a body of law developed through the courts Precedent: the example set by the decision of an earlier court for similar cases or similar legal questions which arise in later cases Stare Decisis: “it stands decided”

Tennessee v. Garner What factual scenario brought about the original action? What constitutional provisions apply to this case and how do they apply?

Statutory Law Statutory law is the set of laws or rules that have been enacted through our legislative process. As statutes are enacted, they are published in the order in which they are passed. This publication is known as the Statutes at Large.

Statutory Law Statutory Law: law enacted by a legislature Statutes at Large: a chronological compilation of statutes Code: a topical organization of statutes