Unit A: Basics of the Unit A: Basics of the LawLaw

Objective 01.01Objective 01.01

Understand the origins of law.Understand the origins of law.

SOURCES OF AMERICAN LAWSOURCES OF AMERICAN LAW

Sources of American Sources of American LawLaw

Common LawCommon Law

Law of Precedent Law of Precedent

Statutory LawStatutory Law

Federal and State Federal and State ConstitutionsConstitutions

Administrative LawAdministrative Law

Common LawCommon Law

Unwritten lawsUnwritten laws Based on customs and traditions of Based on customs and traditions of

people in a societypeople in a society

English Common LawEnglish Common Law The King’s court of judges traveled in The King’s court of judges traveled in

circuits around the countryside circuits around the countryside deciding cases.deciding cases.

Decisions were based on local Decisions were based on local customs and traditions.customs and traditions.

The judges shared decisions with The judges shared decisions with other judges so justice was served other judges so justice was served equally or “equally or “in common.”in common.”

Common LawCommon Law Colonists brought English Common Colonists brought English Common

Law doctrines with them to America.Law doctrines with them to America.

Primary basis of American legal Primary basis of American legal systemsystem

Common Law Common Law

Adopted by US legal systemAdopted by US legal system

Common law developed into a legal Common law developed into a legal system modeled by nations around system modeled by nations around the worldthe world

Law of PrecedentLaw of Precedent

Judges referred to decisions in Judges referred to decisions in previous common law cases. previous common law cases.

Judges applied that decision to a new Judges applied that decision to a new but similar case.but similar case.

Thus, Thus, Law of PrecedentLaw of Precedent established.established.

Law of PrecedentLaw of Precedent

Also called Also called Case lawCase law

Also called the Also called the Doctrine ofDoctrine of stare stare decisisdecisis • Latin for “Let the decision stand”Latin for “Let the decision stand”

Law of PrecedentLaw of Precedent Evolved from sharing common law Evolved from sharing common law Judge researches a similar previous Judge researches a similar previous

court case.court case. Judge applies that decision to new Judge applies that decision to new

case.case.

Statutory LawStatutory Law

Common law was eventually written Common law was eventually written downdown

Legislative bodies adopted common Legislative bodies adopted common lawslaws

Common law became Common law became statutesstatutes..

Statutory LawStatutory Law Statutory law Statutory law is enacted (passed, is enacted (passed,

created, ratified) by a governing created, ratified) by a governing body for a specific purpose.body for a specific purpose.• Federal legislature Federal legislature

Creates statutes, actsCreates statutes, acts

• State legislatureState legislature Creates statutesCreates statutes

• Municipal (city/town) governmentMunicipal (city/town) government Creates local ordinances and by-lawsCreates local ordinances and by-laws

Statutes Statutes

All statutes-All statutes-• Are subject to review by judicial systemAre subject to review by judicial system• Must be constitutional - cannot conflict Must be constitutional - cannot conflict

with the United States Constitution with the United States Constitution

Judicial ReviewJudicial Review

Precedent set by Precedent set by Marbury vs. Marbury vs. MadisonMadison, 1803, , 1803, gave court system gave court system the right to:the right to:• Review Lower Court DecisionsReview Lower Court Decisions• Review Statutory laws Review Statutory laws • Review Executive Branch Review Executive Branch

Constitutional LawConstitutional Law The US Constitution is the The US Constitution is the supreme supreme

law of land.law of land.• Any state or local law that conflicts with Any state or local law that conflicts with

the US Constitution is unconstitutional. the US Constitution is unconstitutional. • If unconstitutional, then law is null and If unconstitutional, then law is null and

void.void. The Supremacy Clause, The Supremacy Clause, US US

Constitution Article VIConstitution Article VI

Who has supremacy?Who has supremacy? A higher court prevails over any A higher court prevails over any

lower court decisions.lower court decisions. A federal law prevails over state A federal law prevails over state

laws.laws. State law prevails over municipal State law prevails over municipal

(town or city) ordinances. (town or city) ordinances. Supreme Court determines questions Supreme Court determines questions

of constitutionality.of constitutionality.

Constitutional LawConstitutional Law

• Balance of powersBalance of powers between the three between the three branchesbranches

Legislative –Article 1Legislative –Article 1 Executive – Article 2Executive – Article 2 Judicial – Article 3Judicial – Article 3

• Checks and balances between the Checks and balances between the branches limits their power.branches limits their power.

Rights of CitizensRights of Citizens US Constitution guarantees rights to US Constitution guarantees rights to

citizenscitizens• Bill of Rights – Individual rightsBill of Rights – Individual rights• Rights of RepresentationRights of Representation• Arrest/Trial RightsArrest/Trial Rights• Suffrage (Voting) RightsSuffrage (Voting) Rights• States RightsStates Rights• Right to amend ConstitutionRight to amend Constitution

Duties of CitizensDuties of Citizens Duty of CitizensDuty of Citizens

• #1 Allegiance to country#1 Allegiance to country Breach of DutyBreach of Duty

• Treason-disloyalty to countryTreason-disloyalty to country• Expatriation-the act of abandoning one’s Expatriation-the act of abandoning one’s

countrycountry

Administrative LawAdministrative Law Administrative lawAdministrative law is the is the

regulations, orders, rules and regulations, orders, rules and decisions of administrative agencies.decisions of administrative agencies.

Legislators create an administrative Legislators create an administrative or regulatory agency. or regulatory agency.

Purpose Purpose isis to regulate certain to regulate certain activities for the benefit of the public.activities for the benefit of the public.

Administrative (Regulatory) Administrative (Regulatory) AgenciesAgencies

Have the power to:Have the power to:• Make rulesMake rules• Enforce rulesEnforce rules• Investigate violationsInvestigate violations• Decide guilt or innocence of violatorsDecide guilt or innocence of violators• Penalize those convictedPenalize those convicted• Order actions to stopOrder actions to stop

Administrative Agencies Administrative Agencies Are set up when Are set up when expert knowledgeexpert knowledge

is neededis needed Have a limited scope of powerHave a limited scope of power Are subject to judicial review by the Are subject to judicial review by the

court systemcourt system

Regulatory Agency ExampleRegulatory Agency Example Environmental Protection Agency Environmental Protection Agency

(EPA)(EPA)• Established by federal law to help keep Established by federal law to help keep

our environment clean and healthy for our environment clean and healthy for the enjoyment of all citizensthe enjoyment of all citizens

• Establishes and enforces rules related to Establishes and enforces rules related to protection of our environment protection of our environment

• Can prosecute, fine and issue cease and Can prosecute, fine and issue cease and desist orders against offendersdesist orders against offenders

If you disagree, what can you If you disagree, what can you do?do?

Civil DisobedienceCivil Disobedience• Open peaceful protest of a lawOpen peaceful protest of a law• Right to protest is guaranteed Right to protest is guaranteed • First Amendment in Bill of RightsFirst Amendment in Bill of Rights

Write your representativeWrite your representative Vote when eligibleVote when eligible Work to get the law changedWork to get the law changed