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Sources of American Law

Sources of American Law. U.S. Government Chapter 15 Section 1. We have laws because _________________ 1. 2. 3. Because we have laws _________________ 1. 2. 3. Warm Up. Law Constitutional Law Statute Ordinance Statutory Law Administrative Law Common Law Equity Due Process

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Sources of American Law

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  1. Sources of American Law

    U.S. Government Chapter 15 Section 1
  2. We have laws because _________________ 1. 2. 3. Because we have laws _________________ 1. 2. 3. Warm Up
  3. Law Constitutional Law Statute Ordinance Statutory Law Administrative Law Common Law Equity Due Process Substantive Due Process Procedural Due Process Adversary System Presumed Innocence Key Terms: Define 3
  4. Code of Hammurabi Ten Commandments Early Systems of Law
  5. State & Federal Constitutions Lawmaking Bodies Administrative Agencies Court Decisions Sources of law in the U.S.
  6. States have their own constitutions- they set forth rights not mentioned in the U.S. Constitution. State Courts decide cases involving state constitutions If state constitutions violate the U.S. Constitution, the rulings can be appealed to the U.S. Supreme Court Constitutional Law- the branch of law dealing with the formation, construction, and interpretations of constitutions. Constitutional law cases decide the limits of government’s power and rights of the individual Constitutional law cases may deal with civil law or criminal law. Constitutional Law
  7. A Statute is a law written by a legislative branch of government. Statutes passed by city councils are ordinances Statutes may limit citizen’s behavior: Speed limits, food inspecting rules, minimum age to work etc. Statutory Law(“Roman Law”) is based on an approach to making laws derived from ancient Romans. Justinian Code- simplified all the laws into a final Roman Legal Code. Many decisions of Federal Courts deal with statutory law Statutory Law
  8. Administrative lawspells out the authority and procedures to be followed by administrative agencies. Administrative agencies run government programs and provide services. Ex: Social Security Administration Administrative law cases deal with problems of fairness and due process Most administrative agencies regulate people’s behavior or provide/deny government benefits. Disputes arise over agencies acting unfairly etc. Administrative Law
  9. Common law is law made by judges in the process of resolving individual cases. Most important basis of the American legal system Decisions are recorded so if there is a similar case, the judges follow the earlier ruling “precedent” In unique cases, judges make their own rulings based on common sense and prevailing customs. Common law in America comes from English common law Common Law
  10. Equity is a system of rules by which disputes are resolved on the grounds of fairness. Rival to common law Equity court could require an action beyond payment of money or stop a wrong before it occurred. In nineteenth century America equity and common law merged Today a single court can administer both systems Equity
  11. Equal Justice Under the Law: the goal of the American court system to treat all persons alike. Due Process of Law: 2 parts Substantive due process: shorthand for certain rights given, some that are specified in the Constitution and some that are not specified Procedural due process: the way a law is administered, prohibits arbitrary enforcement of the law. notice to a person that he/she has done something wrong. giving the affected person the right to respond or be heard concerning the accusation of wrongdoing. Legal System Principles
  12. 3. The Adversary System: the courtroom is like an arena in which lawyers for the opposing sides try to present their strongest cases. Lawyer for each side is generally expected to do all that is legally permissible to advance the cause of their client. 4. Presumption of Innocence: notion that an accused person is innocent until proven guilty Not mentioned in the Constitution but is in our legal heritage Prosecution has burden of proof: unless the prosecution succeeds in proving the accusation, the court must declare the defendant not guilty. Legal System Principles
  13. #1 #4 Page 426 “The Law And You” Write/Explain a brief situation (Criminal or Civil) for which you might need a lawyer? List 5 questions you would ask your attorney regarding your legal problem. Homework Sec. 1 page 428 Monday night finish reading section answer # 1 and 4
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