LawLaw

the system of rules of conduct the system of rules of conduct established by the government of a established by the government of a society to maintain stability and justicesociety to maintain stability and justice

Law provides a means of enforcing Law provides a means of enforcing these rights and duties through law these rights and duties through law enforcement agencies, courts, enforcement agencies, courts, legislatures and regulatory agencieslegislatures and regulatory agencies

Law CANNOT always make Law CANNOT always make people do what is right. people do what is right.

However, law does have the However, law does have the power to punish people for power to punish people for doing things that are wrongdoing things that are wrong

Five Main Sources of U.S. LawFive Main Sources of U.S. Law

Constitutional LawConstitutional Law Common LawCommon Law Statutory LawStatutory Law Court Decisions (Judicial Law)Court Decisions (Judicial Law) Administrative RegulationsAdministrative Regulations

Five Main Sources of US LawFive Main Sources of US Law

Constitutional LawConstitutional Law A countryA country’’s constitution spells out the s constitution spells out the

principles by which the government principles by which the government operates.operates.

What is the most fundamental law in our What is the most fundamental law in our country?country?

The US ConstitutionThe US Constitution

Our Constitution sets forth the rights of our Our Constitution sets forth the rights of our citizens and defines the limits within which citizens and defines the limits within which our federal and state governments set lawsour federal and state governments set laws

Parts of the ConstitutionParts of the Constitution

Article OneArticle One Sets up the Legislative Branch (Congress)Sets up the Legislative Branch (Congress)

Article Two Article Two Sets up the Executive Branch (President)Sets up the Executive Branch (President)

Article ThreeArticle Three Sets up the Judicial Branch (Courts)Sets up the Judicial Branch (Courts)

Article FourArticle Four Relations among states – what does this mean?Relations among states – what does this mean?

Each state must accept the laws of the other statesEach state must accept the laws of the other states

Parts of the Constitution (cont.)Parts of the Constitution (cont.)

Article FiveArticle Five The Amending Process (how the The Amending Process (how the

Constitution may be amended or changed)Constitution may be amended or changed) Article SixArticle Six

National SupremacyNational Supremacy This establishes that the Constitution is the This establishes that the Constitution is the

““Supreme Law of the LandSupreme Law of the Land””

Article SevenArticle Seven Ratification (1787)Ratification (1787)

Amendments to the ConstitutionAmendments to the Constitution

The first ten amendments are called:The first ten amendments are called: The Bill of Rights (ratified in 1791)The Bill of Rights (ratified in 1791)

The Bill of Rights serves two The Bill of Rights serves two purposespurposes To protect our rights and liberties as To protect our rights and liberties as

citizenscitizens To protect those accused of crimesTo protect those accused of crimes

There are 27 AmendmentsThere are 27 Amendments

State ConstitutionsState Constitutions The 14th Amendement to the Federal The 14th Amendement to the Federal

Constitution states:Constitution states: No state shall No state shall ““deprive any person of life, deprive any person of life,

liberty, or property, without due process liberty, or property, without due process of law; nor deny to any person within its of law; nor deny to any person within its jurisdiction the equal protection of lawsjurisdiction the equal protection of laws””

Basically, this amendment requires that Basically, this amendment requires that state governments give their citizens the state governments give their citizens the same rights that the federal government same rights that the federal government does under the 5th Amendment.does under the 5th Amendment.

Joe Hagan was denied admission to the Joe Hagan was denied admission to the Mississippi University for Women Mississippi University for Women School of Nursing solely because of his School of Nursing solely because of his gender. The university is supported by gender. The university is supported by funds provided by the state funds provided by the state government.government.

What Amendment does this violate?What Amendment does this violate?

In 1982, the U.S. Supreme Court held In 1982, the U.S. Supreme Court held that the single-sex admissions policy that the single-sex admissions policy of the state school violated the equal of the state school violated the equal protection clause of the Fourteenth protection clause of the Fourteenth Amendment. The court said that the Amendment. The court said that the policy continued the stereotype of policy continued the stereotype of nursing as a womannursing as a woman’’s job. Hogan was s job. Hogan was admitted to the school of nursingadmitted to the school of nursing

Common LawCommon Law

In the early days, there was no In the early days, there was no written law. So judges shared their written law. So judges shared their decisions with other judges and made decisions with other judges and made the same law the same law ““in commonin common”” with with everyone in the country.everyone in the country.

Common Law (cont.)Common Law (cont.)

Court decisions were written down Court decisions were written down and a body of cases developed.and a body of cases developed.

Judges would refer to past cases as a Judges would refer to past cases as a guide to make decisionsguide to make decisions This was known as This was known as ““precedentprecedent””

Statutory LawStatutory Law

Statutes are laws that are passed by a Statutes are laws that are passed by a governmental body that has been governmental body that has been created for the purpose of making laws.created for the purpose of making laws.

What does that mean exactly?What does that mean exactly? Statutory laws are any laws passed after the Statutory laws are any laws passed after the

Constitution granted the federal government Constitution granted the federal government and the states the ability to make lawsand the states the ability to make laws

In other words, they are not constitutional In other words, they are not constitutional lawslaws

Statutory Laws (cont.)Statutory Laws (cont.)

Examples of Statutes includeExamples of Statutes include Require you to wear your seatbelt.Require you to wear your seatbelt. Requires citizens to pay taxesRequires citizens to pay taxes To enroll in the draft when 18 years of To enroll in the draft when 18 years of

ageage Prevention of discriminationPrevention of discrimination

Laws passed by Congress, state Laws passed by Congress, state legislators, local councils, or even legislators, local councils, or even town meetings are ALL Statutory Lawtown meetings are ALL Statutory Law

Statutory Laws (cont)Statutory Laws (cont)

Statutory law can be in the form of:Statutory law can be in the form of: State and federal statutesState and federal statutes City OrdinancesCity Ordinances Town BylawsTown Bylaws

This serves the purpose of telling us This serves the purpose of telling us at what at what level of governmentlevel of government the the statutory law was passed.statutory law was passed.

Federal StatutesFederal Statutes

The US Congress is called a The US Congress is called a legislaturelegislature That means they are a group of lawmakersThat means they are a group of lawmakers Article One of the Constitution grants them Article One of the Constitution grants them

the right to make laws…..statutory lawsthe right to make laws…..statutory laws Because the Constitution is the Supreme Because the Constitution is the Supreme

Law of the Land, Congress may not pass Law of the Land, Congress may not pass laws that go against the Constitution. laws that go against the Constitution.

What are these called?What are these called? UnconstitutionalUnconstitutional

State LegislaturesState Legislatures

Have the same function as CongressHave the same function as Congress But they create statutory law only at But they create statutory law only at

their statetheir state’’s levels level Just like Congress, state legislatures Just like Congress, state legislatures

cannot pass unconstitutional lawcannot pass unconstitutional law

Court Decisions (Judiciary Law)Court Decisions (Judiciary Law)

Courts make law three different waysCourts make law three different ways Common Law TraditionCommon Law Tradition Interpreting StatutesInterpreting Statutes Judicial ReviewJudicial Review

Common Law TraditionCommon Law Tradition

Decisions made by the highest court Decisions made by the highest court (state or federal) become the law of (state or federal) become the law of that state or government and must that state or government and must be followed by other courts in that be followed by other courts in that state thereafter.state thereafter.

So, if these decisions are not altered So, if these decisions are not altered by a statute (congressionally passed by a statute (congressionally passed law) they will continue to rulelaw) they will continue to rule

Interpreting StatutesInterpreting Statutes

When a statute is confusing, unclear, When a statute is confusing, unclear, or incomplete, itor incomplete, it’’s the courts the court’’s job to s job to figure out what it means.figure out what it means.

A judge cannot just interpret any A judge cannot just interpret any statute they please.statute they please. The statute must be involved in a case The statute must be involved in a case

that has been brought before the judgethat has been brought before the judge

Judicial ReviewJudicial Review

The courts can also decide whether laws The courts can also decide whether laws and other government activities are and other government activities are consistent with the Constitution.consistent with the Constitution. Also known as: UnconstitutionalAlso known as: Unconstitutional

Any laws or government actions that Any laws or government actions that violate the Constitution can be declared violate the Constitution can be declared unconstitutional by a court.unconstitutional by a court.

The supreme court is the final authority The supreme court is the final authority regarding constitutionality.regarding constitutionality.

Administrative RegulationsAdministrative Regulations

Sometimes, congresspeople and Sometimes, congresspeople and lawmakers do not know enough lawmakers do not know enough about a specific topic to be able to about a specific topic to be able to pass proper lawspass proper laws

They appoint administrative agencies They appoint administrative agencies to regulate a particular activityto regulate a particular activity

Administrative AgenciesAdministrative Agencies

These groups tend to have a wide range These groups tend to have a wide range of powers:of powers: They make their own rulesThey make their own rules Enforce their own rulesEnforce their own rules Investigate violations of the rulesInvestigate violations of the rules And decide the guilt or innocence of those And decide the guilt or innocence of those

who violate the ruleswho violate the rules Administrative law consists of the rules Administrative law consists of the rules

and procedures established by and procedures established by regulatory agencies.regulatory agencies.