Chapter 15Chapter 15Law in AmericaLaw in America

Section 15.1Section 15.1Sources of American LawSources of American Law

Reflection QuestionReflection Question

Do we really need laws to organize Do we really need laws to organize our society? Can’t we just figure it our society? Can’t we just figure it out?out?

Key TermsKey Terms

Define – constitutional law, statute, Define – constitutional law, statute, ordinances, administrative law, ordinances, administrative law, common law, due process, adversary common law, due process, adversary system, presumed innocencesystem, presumed innocence

In the Beginning …In the Beginning …

It started with the club and fist. Now It started with the club and fist. Now we’ve progressed (some might say we’ve progressed (some might say devolved) to our modern system of devolved) to our modern system of laws and courts to regulate American laws and courts to regulate American society.society.

The set of rules and standards by The set of rules and standards by which a society governs itself is which a society governs itself is known as known as lawlaw..

The laws that govern our lives and protect The laws that govern our lives and protect our rights are commonly known as our rights are commonly known as constitutional law, statutory law, constitutional law, statutory law, administrative law, common law, and administrative law, common law, and equity.equity.

These laws come from several sources These laws come from several sources including state and federal constitutions, including state and federal constitutions, lawmaking bodies, administrative lawmaking bodies, administrative agencies, and court decisions.agencies, and court decisions.

Constitutional LawConstitutional Law

For the most part, cases involving For the most part, cases involving constitutional lawconstitutional law decide the limits of decide the limits of the government’s power and the the government’s power and the rights of the individual.rights of the individual.

Constitutional Law (cont.)Constitutional Law (cont.)

State courts decide cases involving State courts decide cases involving state constitutions. Sometimes state constitutions. Sometimes differences between a state and the differences between a state and the federal constitution causes conflicts. federal constitution causes conflicts. Yet, since we have a federal system. Yet, since we have a federal system. In the end, the U.S. Supreme Court In the end, the U.S. Supreme Court has the final word on the meaning of has the final word on the meaning of the U.S. Constitution.the U.S. Constitution.

Statutory LawStatutory Law

A A statutestatute is a law written by a legislative is a law written by a legislative branch of government.branch of government.

Statutes may limit citizens’ behavior or Statutes may limit citizens’ behavior or guarantee rights or benefits. guarantee rights or benefits.

Most decision of federal courts deal with Most decision of federal courts deal with federal statutory law. Many Supreme federal statutory law. Many Supreme Court cases are devoted to interpreting Court cases are devoted to interpreting the constitutionality of statutory laws.the constitutionality of statutory laws.

Administrative LawAdministrative Law

The vast number or local, state, and The vast number or local, state, and national agencies that run national agencies that run government programs and run government programs and run services are governed by services are governed by administrative lawadministrative law..

Administrative Law (cont.)Administrative Law (cont.)

Many administrative law cases deal Many administrative law cases deal with problems of fairness and due with problems of fairness and due process because many process because many administrative agencies either administrative agencies either regulate people’s behavior, or deny regulate people’s behavior, or deny government benefits such as welfare government benefits such as welfare payments or medical insurance. payments or medical insurance.

Common LawCommon Law

Read together the two paragraphs on Read together the two paragraphs on Common LawCommon Law on pg. 426. on pg. 426.

Adversary system contoversiesAdversary system contoversies

P. 428P. 428

Legal System PrinciplesLegal System Principles

Four basic principles underlie the Four basic principles underlie the operation of both federal and state operation of both federal and state courts and the actions of the courts and the actions of the thousands of men and women who thousands of men and women who serve in the American legal system.serve in the American legal system.

Equal Justice Under the LawEqual Justice Under the Law

In theory, every person, regardless of In theory, every person, regardless of wealth, social status, ethnic group, wealth, social status, ethnic group, gender, or age, is entitled to the full gender, or age, is entitled to the full protection of the law.protection of the law.

Due Process of LawDue Process of Law

A principle in the Fifth Amendment stating A principle in the Fifth Amendment stating that the government must follow proper that the government must follow proper constitutional procedures in trials and in constitutional procedures in trials and in other actions it takes against individuals.other actions it takes against individuals.

Also, the Fourteenth Amendment clause Also, the Fourteenth Amendment clause stating that no state may deprive a person stating that no state may deprive a person of life, liberty, or property without due of life, liberty, or property without due process of law.process of law.

The Adversary SystemThe Adversary System

This system describes how our court This system describes how our court trials operate. In function, the trials operate. In function, the courtroom is like an arena in which courtroom is like an arena in which lawyers for the opposing sides try to lawyers for the opposing sides try to present their strongest cases. The present their strongest cases. The judge is supposed to remain judge is supposed to remain impartial to either side and focus impartial to either side and focus instead on the fair implementation of instead on the fair implementation of the law.the law.

The Adversary System (cont.)The Adversary System (cont.)

Some observers of the judicial system have Some observers of the judicial system have attacked the adversary system. They attacked the adversary system. They have claimed that it encourages lawyers to have claimed that it encourages lawyers to ignore evidence not favorable to their ignore evidence not favorable to their sides and to be more concerned about sides and to be more concerned about victory than justice. Supporters of the victory than justice. Supporters of the adversary system, on the other hand, adversary system, on the other hand, maintain that the system is the best way maintain that the system is the best way to bring out the facts of the case.to bring out the facts of the case.

Presumption of InnocencePresumption of Innocence

A defendant in a case does not have A defendant in a case does not have to prove their innocence. That to prove their innocence. That burden falls on the prosecution.burden falls on the prosecution.

This principle is not in our This principle is not in our constitution. It is deeply rooted in constitution. It is deeply rooted in English legal heritage.English legal heritage.

In addition, this principle is intended In addition, this principle is intended to be a balance to the power of the to be a balance to the power of the police. police.

Section 5.1 AssessmentSection 5.1 Assessment

Answer the three Answer the three Questions to Questions to Consider Consider on pg. 429 about the on pg. 429 about the Supreme Court case, Supreme Court case, Thompson v. Thompson v. OklahomaOklahoma, 1988., 1988.