2 Sources of Law 5 main sources of law are: Federal & state constitutionsEnglish Common LawStatutesCourt decisionsAdministrative Law
3 Sources of Law Constitution A country’s document which spells out the principles by which the government operates.The U.S. Constitution has 3 main parts:The PreambleThe ArticlesAmendments
4 Sources of Law Constitution A country’s document which spells out the principles by which the government operates.The U.S. Constitution has 3 main parts:The PreambleThe ArticlesAmendments
5 ARTICLE II Executive Branch Enforces Laws Sources of LawARTICLE ILegislative BranchMakes LawsARTICLE II Executive Branch Enforces LawsARTICLE IIIJudicial BranchInterprets LawsARTICLE IVStates RightsARTICLES V-VIIOutline the Amendment process,National Supremacy & Ratification
6 Sources of Law Source #2 English Common Law Developed by Kings to centralize English government and used since 1189.Judges traveled the country judging decisions based on local customsJudges shared decisions with other judges to make rulings “in common” with each otherUsed in all states except LouisianaPrecedent - Doctrine stating that a judge is required to follow an earlier court decision when deciding a case with similar circumstances.
7 Sources of Law Source #2 English Common Law What forms of precedent do your parents enforce at home?Is precedent fair?Precedent - Doctrine stating that a judge is required to follow an earlier court decision when deciding a case with similar circumstances.
8 Sources of Law Source #3 Statutes Statute - laws specifically passed by a governing bodyCan order people to do somethingEx: Pay taxesCan prevent people from doing somethingEx: DiscriminationFederal Statutes - laws passed by the U.S. CongressState Statutes - Laws passed by state governments (State Congress, Assembly,etc)
9 Sources of Law Source #3 Statutes Remember: The Supreme Court can declare any statute that violates the Constitution as Unconstitutional!Unconstitutional - invalid; against the ConstitutionSee Handout
10 Sources of Law Source #4 Court Decisions Court Law is sometimes called case law.Courts make laws in 3 ways:Common law traditionBy interpreting statues (laws)- By judicial reviewA judge cannot interpret a statute unless that statute is involved in a dispute between 2 parties in a lawsuit before them.The Supreme Court has final authority regarding the constitutionality of all laws.
11 Sources of Law Source #5 Administrative Law A power given by the Legislative Branch to an administrative agency with knowledge over certain fields of business or departments.Also called Regulatory agenciesEx: FCC (Federal Communications Commission)Ex: FBI (Fed. Bureau of InvestigationsEx: EPA (Environmental Protection Agency)EX: FDA (Food & Drug Administration)Ex: Homeland Security DepartmentChecks & Balances still exist!!