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1Chapter SECTION OPENER / CLOSER: INSERT BOOK COVER ART Sources of Law Section 1.2.

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Presentation on theme: "1Chapter SECTION OPENER / CLOSER: INSERT BOOK COVER ART Sources of Law Section 1.2."— Presentation transcript:

1 1Chapter SECTION OPENER / CLOSER: INSERT BOOK COVER ART Sources of Law Section 1.2

2 Understanding Business and Personal Law Sources of Law Section 1.2 Ethics and Law Pre-Learning Question Why are there different sources of law?

3 Understanding Business and Personal Law Sources of Law Section 1.2 Ethics and Law There are Five Main Sources of U.S. Law of U.S. Law Although they may seem different, they all pertain to the law in some way.

4 Understanding Business and Personal Law Sources of Law Section 1.2 Ethics and Law The Five Main Sources of U.S. Law of U.S. Law constitutional law common law statutory law

5 Understanding Business and Personal Law Sources of Law Section 1.2 Ethics and Law The Five Main Sources of U.S. Law of U.S. Law court decisions administrative regulations

6 Understanding Business and Personal Law Sources of Law Section 1.2 Ethics and Law 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

7 Understanding Business and Personal Law Sources of Law Section 1.2 Ethics and Law 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

8 Understanding Business and Personal Law Sources of Law Section 1.2 Ethics and Law The U. S. Constitution Adopted September 17, 1787

9 Understanding Business and Personal Law Sources of Law Section 1.2 Ethics and Law The U. S. Constitution consists of seven articles and 27 amendments the articles establish the national government the amendments outline the rights of the people

10 Understanding Business and Personal Law Sources of Law Section 1.2 Ethics and Law 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

11 Understanding Business and Personal Law Sources of Law Section 1.2 Ethics and Law The First Ten Amendments to the U. S. Constitution Is called “ The Bill of Rights ” Ratified in 1791

12 Understanding Business and Personal Law Sources of Law Section 1.2 Ethics and Law The Bill of Rights Amendment I Religious and Political Freedom Freedom of Religion Freedom of Speech Freedom of Press Freedom of Assembly Freedom of Petition

13 Understanding Business and Personal Law Sources of Law Section 1.2 Ethics and Law The Bill of Rights Amendment II The Right to Bear Arms

14 Understanding Business and Personal Law Sources of Law Section 1.2 Ethics and Law The Bill of Rights Amendment III Quartering Troops

15 Understanding Business and Personal Law Sources of Law Section 1.2 Ethics and Law The Bill of Rights Amendment IV Searches and Seizures

16 Understanding Business and Personal Law Sources of Law Section 1.2 Ethics and Law The Bill of Rights Amendment V Rights of Accused Persons

17 Understanding Business and Personal Law Sources of Law Section 1.2 Ethics and Law The Bill of Rights Amendment VI Right to a Speedy and Fair Trail

18 Understanding Business and Personal Law Sources of Law Section 1.2 Ethics and Law The Bill of Rights Amendment VII Right to a Jury Trail

19 Understanding Business and Personal Law Sources of Law Section 1.2 Ethics and Law The Bill of Rights Amendment VIII Bail and Punishment

20 Understanding Business and Personal Law Sources of Law Section 1.2 Ethics and Law The Bill of Rights Amendment IX Rights Not Enumerated

21 Understanding Business and Personal Law Sources of Law Section 1.2 Ethics and Law The Bill of Rights Amendment X Powers Reserved to the States

22 Understanding Business and Personal Law Sources of Law Section 1.2 Ethics and Law Amendments to the U. S. Constitution There are 27 Amendments The last was passed in 1992

23 Understanding Business and Personal Law Sources of Law Section 1.2 Ethics and Law 13 th Amendment Abolition of Slavery Passed in 1865

24 Understanding Business and Personal Law Sources of Law Section 1.2 Ethics and Law 14 th Amendment Limitation of State Action Passed in 1868

25 Understanding Business and Personal Law Sources of Law Section 1.2 Ethics and Law 15 th Amendment Right to Vote Passed in 1870

26 Understanding Business and Personal Law Sources of Law Section 1.2 Ethics and Law 19 th Amendment Women’s Suffrage Passed in 1920

27 Understanding Business and Personal Law Sources of Law Section 1.2 Ethics and Law 26 th Amendment Eighteen Year Old Vote Passed in 1971

28 Understanding Business and Personal Law Sources of Law Section 1.2 Ethics and Law 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.

29 Understanding Business and Personal Law Sources of Law Section 1.2 Ethics and Law The Articles of Confederation The Articles adopted by Congress on November 15, 1777 and lasted only a decade.

30 Understanding Business and Personal Law Sources of Law Section 1.2 Ethics and Law State Constitutions each state has its own constitution although they are similar, they are not identical to the federal Constitution they can be more protective, narrower, and more restrictive than the federal Constitution

31 Understanding Business and Personal Law Sources of Law Section 1.2 Ethics and Law 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.

32 Understanding Business and Personal Law Sources of Law Section 1.2 Ethics and 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. Common Law

33 Understanding Business and Personal Law Sources of Law Section 1.2 Ethics and Law 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.” Precedent

34 Understanding Business and Personal Law Sources of Law Section 1.2 Ethics and Law How many amendments are there to the U.S. Constitution?

35 Understanding Business and Personal Law Sources of Law Section 1.2 Ethics and Law 27 ANSWER

36 Understanding Business and Personal Law Sources of Law Section 1.2 Ethics and Law What are the 1 st ten amendments to the U.S. Constitution?

37 Understanding Business and Personal Law Sources of Law Section 1.2 Ethics and Law The Bill of Rights ANSWER

38 Understanding Business and Personal Law Sources of Law Section 1.2 Ethics and Law Statutes are laws specifically passed by a governing body, such as the U.S. Congress, state legislatures, and city councils. Statutory Law

39 Understanding Business and Personal Law Sources of Law Section 1.2 Ethics and Law A statute may order people to do something, such as pay taxes or sign up for the military draft. Or a statute may forbid people from doing something, such as discriminating in employment. Statutory Law

40 Understanding Business and Personal Law Sources of Law Section 1.2 Ethics and 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. Statutory Law

41 Understanding Business and Personal Law Sources of Law Section 1.2 Ethics and Law Federal and state statutes cannot conflict with the U.S. Constitution, or they may be ruled unconstitutional, or invalid. Statutory Law

42 Understanding Business and Personal Law Sources of Law Section 1.2 Ethics and Law Courts make laws in three ways: Court Decisions 1. 1.through common-law tradition 2. 2.by interpreting statutes 3. 3.by judicial review

43 Understanding Business and Personal Law Sources of Law Section 1.2 Ethics and Law Sunflower City passed an ordinance that requires all commercial signage to incorporate a sunflower into the design. What is the source of this law?

44 Understanding Business and Personal Law Sources of Law Section 1.2 Ethics and Law ANSWER Statutory law

45 Understanding Business and Personal Law Sources of Law Section 1.2 Ethics and Law 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. Administrative Regulations

46 Understanding Business and Personal Law Sources of Law Section 1.2 Ethics and Law Reviewing What You Learned 1. 1.What are the various parts of the U.S. Constitution? Section 1.2 Assessment

47 Understanding Business and Personal Law Sources of Law Section 1.2 Ethics and Law Reviewing What You Learned Articles, which establish the national government, and amendments, which outline the rights of the people. Section 1.2 Assessment Answer

48 Understanding Business and Personal Law Sources of Law Section 1.2 Ethics and Law Reviewing What You Learned 2. 2.What are the components of common law? Section 1.2 Assessment

49 Understanding Business and Personal Law Sources of Law Section 1.2 Ethics and Law Reviewing What You Learned Based upon previous court decisions Section 1.2 Assessment Answer

50 Understanding Business and Personal Law Sources of Law Section 1.2 Ethics and Law Reviewing What You Learned 3. 3.What are the purposes of statutory law? Section 1.2 Assessment

51 Understanding Business and Personal Law Sources of Law Section 1.2 Ethics and Law Reviewing What You Learned To order people to do something or prohibit people from doing things. Section 1.2 Assessment Answer

52 Understanding Business and Personal Law Sources of Law Section 1.2 Ethics and Law Reviewing What You Learned 4. 4.How do the courts make laws? Section 1.2 Assessment

53 Understanding Business and Personal Law Sources of Law Section 1.2 Ethics and Law Reviewing What You Learned Using common law, statutory interpretation, and judicial review. Section 1.2 Assessment Answer

54 Understanding Business and Personal Law Sources of Law Section 1.2 Ethics and Law Reviewing What You Learned 5. 5.How does the government make administrative regulations? Section 1.2 Assessment

55 Understanding Business and Personal Law Sources of Law Section 1.2 Ethics and Law Reviewing What You Learned Through the use of administrative agencies. Section 1.2 Assessment Answer

56 1Chapter SECTION OPENER / CLOSER: INSERT BOOK COVER ART Sources of Law End of Section 1.2


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