Chapter 12.1 United States Law

• Laws can govern how people act in certain environments.

• But how are laws made?

4 Types of United States Law

• Common law

• Statutory law

• Constitutional law

• Administrative law

Common Law

• Body of law based on judicial rulings made in cases.

• 1st style of law developed – Judges heard

arguments • Made decisions based

on facts.

How does common law work in America? Consider the following…

• Linda is a 7yr old black girl in Kansas. • She has to walk 7 miles while passing 2

other all-white schools everyday.

• Dad sues the city complaining discrimination. – He wants his daughter to be able to go to the

school closer to home. • Should he win his case?

Brown vs. Board of Education of Topeka, Kansas

• Linda Brown’s dad wins!

• What does this mean?

• Judge rules that schools can not be segregated by color!

Statutory Law

• Laws passed by:– City councils

– State legislatures

– Congress

• Can be found written in a law book!

2 types of Statutory Laws

• Criminal law– 2 main types

• Felonies– Serious crimes that are

major offenses» Murder» Rape » Burglary/Theft» Drug trafficking

• Misdemeanors– Lesser crimes

» Drunk in public» Resisting arrest

• Civil law– Involves disputes between

2 private parties for causing some harm.

• Called tort law

– Plaintiff• Person suing for damages

– Defendant• Person being sued

How do you win a civil case?

• The person suing must prove other party was acting negligently. – They fail to provide you with ‘duty of care’

• Therefore, you got hurt!

• So, if they were negligent and you get injured, you can sue for lots of money!

– Reasons to sue:• Physical damage• Mental/psychological damage• Something you own was destroyed

Tort law Example 1• Brian Daily (5 yrs, 9 mos old),was visiting his mother’s sister (Brian’s aunt)

• Mom contends that as her sister started to sit down in a chair, Brian pulled it out from under her.

• Brian contends that he moved the chair a few feet, sat in it himself, and when he noticed Aunt about to sit down where the chair had been he quickly attempted to move it toward her to aid her in sitting in the chair but was unable to get it there in time.

• Both parties concede that as a result, plaintiff fell and fractured her hip amongst other damages deemed to be $11,000.

• Is this assault? • YES!

Example 2

• Fisher is an African American mathematician attending a conference at a hotel in Texas.

• Standing in line for lunch, Fisher is approached by one of the hotel’s managers who grabs a plate from his hand and says “Negros can not be served in the club”. – Fisher was not actually touched and was in no

apprehension of physical injury.

• Is this assault? – YES!

Example 3• Mrs. Katko wants to sue for damages against Mr. Briney .

• Why? – Briney’s house had been broken into numerous times despite there

being “NO TRESPASSING” signs, etc. So, Briney set up a “shotgun trap” that would shoot a shotgun when the front door was opened. The gun could not be seen from outside and there was no warning of its presence posted.

– Katko went into the house with intention of stealing old jars and had his head blown off! Wife is suing!

• Did Mr. Briney commit a crime? •  YES!

– Reward = $300,000

Constitutional Law

• Any law written in the U.S. Constitution– Including the amendments!

• Has supreme standing over all other types of law!!

– This is usually used as an argument by somebody in trouble!

• “Its against my Constitutional rights, man!”

Administrative Law

• Regulations made by executive departments and independent agencies.

– Food and Drug Administration• Must put labels on all foods people buy!

– Environmental Protection Agency• Must have cars e-checked!

Homework

• Pg. 274 – Questions 1 – 4