1. Objective 1.00 Understand the Origins of Law SOURCES OF AMERICAN LAW

2. Sources of American Law Common Law Law of Precedent Statutory Law Constitutional Law Administrative Law

3. Common Law Judges traveled around England holding court. Judges traveled around England holding court. No written law (Unwritten laws) No written law (Unwritten laws) Judges based decisions on customs and traditions of people in a society Judges based decisions on customs and traditions of people in a society The judges shared decisions with other judges so justice was served equally or The judges shared decisions with other judges so justice was served equally or “in common.”

4. Law of Precedent Evolved from sharing common law Evolved from sharing common law Judge researches similar previous court case. Judge researches similar previous court case. Judge applies that decision to new case. Judge applies that decision to new case. Also called Stare Decisis, which is Latin for “Let the decision stand” Also called Stare Decisis, which is Latin for “Let the decision stand”

5. Statutory Law Common law was eventually written down Common law was eventually written down Legislative bodies adopted common laws Legislative bodies adopted common laws Common law became statutes. Common law became statutes.

6. Statutory Law Statutory law is established by a governing body for a specific purpose. Statutory law is established by a governing body for a specific purpose. Federal legislature Federal legislature Creates statutes, acts Creates statutes, acts State legislature State legislature Creates statutes Creates statutes Municipal (city/town) government Municipal (city/town) government Creates local ordinances and by-laws Creates local ordinances and by-laws

7. Statutes All statutes: Are subject to review by judicial system Are subject to review by judicial system Must be constitutional - cannot conflict with the United States Constitution Must be constitutional - cannot conflict with the United States Constitution

8. Judicial Review Precedent set by Marbury vs. Madison, 1803, gave court system the right to: Review Lower Court Decisions Review Lower Court Decisions Review Statutory laws Review Statutory laws Review Executive Branch Review Executive Branch

9. Constitutional Law The US Constitution is the supreme law of land. The US Constitution is the supreme law of land. Any state or local law that conflicts with the US Constitution is unconstitutional. Any state or local law that conflicts with the US Constitution is unconstitutional. If unconstitutional, then law is null and void. If unconstitutional, then law is null and void. The Supremacy Clause, US Constitution Article VI The Supremacy Clause, US Constitution Article VI

10. Constitutional Law Who has supremacy? A higher court prevails over any lower court decisions. A higher court prevails over any lower court decisions. A federal law prevails over state laws. A federal law prevails over state laws. State law prevails over local ordinances. State law prevails over local ordinances. Supreme Court determines questions of constitutionality. Supreme Court determines questions of constitutionality.

11. Constitutional Law Who has power? Balance of powers between the three branches Balance of powers between the three branches Legislative Branch – Article 1 Legislative Branch – Article 1 Executive Branch – Article 2 Executive Branch – Article 2 Judicial Branch – Article 3 Judicial Branch – Article 3 Checks and balances between the branches limits the power of each branch. Checks and balances between the branches limits the power of each branch.

12. Constitutional Law Citizen Rights Constitutional Law Citizen Rights US Constitution guarantees rights to citizens US Constitution guarantees rights to citizens Bill of Rights – Individual rights Bill of Rights – Individual rights Rights of Representation Rights of Representation Arrest/Trial Rights Arrest/Trial Rights Suffrage (Voting) Rights Suffrage (Voting) Rights States Rights States Rights Right to amend Constitution Right to amend Constitution

13. Constitutional Law Citizen Duties Duty of Citizens Duty of Citizens #1 Allegiance to country #1 Allegiance to country Breach of Duty Breach of Duty Treason-disloyalty to country Treason-disloyalty to country Expatriation-the act of abandoning one’s country Expatriation-the act of abandoning one’s country

14. Administrative Law Administrative law is the regulations, orders, rules and decisions of administrative agencies. Administrative law is the regulations, orders, rules and decisions of administrative agencies. Legislators create an administrative or regulatory agency. Legislators create an administrative or regulatory agency. Purpose is to regulate certain activities for the benefit of the public. Purpose is to regulate certain activities for the benefit of the public.

15. Administrative Agencies Also called Regulatory Agencies Also called Regulatory Agencies Have the power to: Have the power to: Make rules Make rules Enforce rules Enforce rules Investigate violations Investigate violations Decide guilt or innocence of violators Decide guilt or innocence of violators Penalize those convicted Penalize those convicted Order actions to stop Order actions to stop

16. Administrative Agencies Are set up when expert knowledge is needed Are set up when expert knowledge is needed Have a limited scope of power Have a limited scope of power Are subject to judicial review by the court system Are subject to judicial review by the court system

17. What can you do if you disagree with a law? Civil Disobedience Civil Disobedience Open peaceful protest of a law Open peaceful protest of a law Right to protest is guaranteed Right to protest is guaranteed First Amendment in Bill of Rights First Amendment in Bill of Rights Write your local representatives Write your local representatives Vote when you are eligible Vote when you are eligible Work to get the law changed Work to get the law changed

18. U.S. Legal Systems The U.S. Legal System is based upon the Constitution, where laws are created and amended. The basis for the Constitution is to protect human rights.

19. U.S. Legal Systems Our legal system is based upon three levels of government:  Judicial: Led by the Supreme Court. The Supreme Court decides if the law being made is constitutionally correct.  Legislative: Led by Congress. Congress is made up of the Senate and the House of Representatives. The Senate consists of two members from every state. The House of Representatives consists of members based on their population.  Executive: Led by the President. Elected by vote of the people

20. International Legal Systems Adversarial System: Each side to a dispute presents its arguments for and against the issues involved, and victory goes to the party that persuades the judge or jury to their side. (United States) Adversarial System: Each side to a dispute presents its arguments for and against the issues involved, and victory goes to the party that persuades the judge or jury to their side. (United States) Fact-Finding System: Facts are presented to a judge and the judge makes a decision based only on the facts that have been presented. No dispute between sides. (Western Europe) Fact-Finding System: Facts are presented to a judge and the judge makes a decision based only on the facts that have been presented. No dispute between sides. (Western Europe) Many countries use religion as a basis for the law, such is the case in Saudi Arabia, where Muslim and the law are tied together. Many countries use religion as a basis for the law, such is the case in Saudi Arabia, where Muslim and the law are tied together.