1. Section 1.2

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)

3. 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)

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

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

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

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

8. 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

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

10. 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)

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

12. 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.

13. 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.

14. 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.

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

16. 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

17. 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.

18. 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.

19. 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.”

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

21. ANSWER 27

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

23. 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.

24. 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.

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

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

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

28. ANSWER
Statutory law

29. 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.

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

31. 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.

32. 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?

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

34. 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?

35. 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.

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

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

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

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

40. 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?

41. 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.

42. 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.

43. 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.

44. 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.

45. End of Section 1.2