1. Law
the system of rules of conduct established by the government of a society to maintain stability and justice
Law provides a means of enforcing these rights and duties through law enforcement agencies, courts, legislatures and regulatory agencies

2. Law CANNOT always make people do what is right
Law CANNOT always make people do what is right. However, law does have the power to punish people for doing things that are wrong

3. Five Main Sources of U.S. Law
Constitutional Law
Common Law
Statutory Law
Court Decisions (Judicial Law)
Administrative Regulations

4. Five Main Sources of US Law
Constitutional Law
A country’s constitution spells out the principles by which the government operates.
What is the most fundamental law in our country?
The US Constitution
Our Constitution sets forth the rights of our citizens and defines the limits within which our federal and state governments set laws

5. Parts of the Constitution
Article One
Sets up the Legislative Branch (Congress)
Article Two
Sets up the Executive Branch (President)
Article Three
Sets up the Judicial Branch (Courts)
Article Four
Relations among states – what does this mean?
Each state must accept the laws of the other states

6. Parts of the Constitution (cont.)
Article Five
The Amending Process (how the Constitution may be amended or changed)
Article Six
National Supremacy
This establishes that the Constitution is the “Supreme Law of the Land”
Article Seven
Ratification (1787)

7. Amendments to the Constitution
The first ten amendments are called:
The Bill of Rights (ratified in 1791)
The Bill of Rights serves two purposes
To protect our rights and liberties as citizens
To protect those accused of crimes
There are 27 Amendments

8. State Constitutions
The 14th Amendement to the Federal Constitution states:
No state shall “deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of laws”
Basically, this amendment requires that state governments give their citizens the same rights that the federal government does under the 5th Amendment.

9. Joe Hagan was denied admission to the Mississippi University for Women School of Nursing solely because of his gender. The university is supported by funds provided by the state government. What Amendment does this violate?

10. In 1982, the U.S. Supreme Court held that the single-sex admissions policy of the state school violated the equal protection clause of the Fourteenth Amendment. The court said that the policy continued the stereotype of nursing as a woman’s job. Hogan was admitted to the school of nursing

11. Common Law
In the early days, there was no written law. So judges shared their decisions with other judges and made the same law “in common” with everyone in the country.

12. Common Law (cont.)
Court decisions were written down and a body of cases developed.
Judges would refer to past cases as a guide to make decisions
This was known as “precedent”

13. Statutory Law
Statutes are laws that are passed by a governmental body that has been created for the purpose of making laws.
What does that mean exactly?
Statutory laws are any laws passed after the Constitution granted the federal government and the states the ability to make laws
In other words, they are not constitutional laws

14. Statutory Laws (cont.) Examples of Statutes include
Require you to wear your seatbelt.
Requires citizens to pay taxes
To enroll in the draft when 18 years of age
Prevention of discrimination
Laws passed by Congress, state legislators, local councils, or even town meetings are ALL Statutory Law

15. Statutory Laws (cont) Statutory law can be in the form of:
State and federal statutes
City Ordinances
Town Bylaws
This serves the purpose of telling us at what level of government the statutory law was passed.

16. Federal Statutes The US Congress is called a legislature
That means they are a group of lawmakers
Article One of the Constitution grants them the right to make laws…..statutory laws
Because the Constitution is the Supreme Law of the Land, Congress may not pass laws that go against the Constitution.
What are these called?
Unconstitutional

17. State Legislatures Have the same function as Congress
But they create statutory law only at their state’s level
Just like Congress, state legislatures cannot pass unconstitutional law

18. Court Decisions (Judiciary Law)
Courts make law three different ways
Common Law Tradition
Interpreting Statutes
Judicial Review

19. Common Law Tradition
Decisions made by the highest court (state or federal) become the law of that state or government and must be followed by other courts in that state thereafter.
So, if these decisions are not altered by a statute (congressionally passed law) they will continue to rule

20. Interpreting Statutes
When a statute is confusing, unclear, or incomplete, it’s the court’s job to figure out what it means.
A judge cannot just interpret any statute they please.
The statute must be involved in a case that has been brought before the judge

21. Judicial Review
The courts can also decide whether laws and other government activities are consistent with the Constitution.
Also known as: Unconstitutional
Any laws or government actions that violate the Constitution can be declared unconstitutional by a court.
The supreme court is the final authority regarding constitutionality.

22. Administrative Regulations
Sometimes, congresspeople and lawmakers do not know enough about a specific topic to be able to pass proper laws
They appoint administrative agencies to regulate a particular activity

23. Administrative Agencies
These groups tend to have a wide range of powers:
They make their own rules
Enforce their own rules
Investigate violations of the rules
And decide the guilt or innocence of those who violate the rules
Administrative law consists of the rules and procedures established by regulatory agencies.