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Unit A: Basics of the Law Objective 01.01

Understand the origins of law. SOURCES OF AMERICAN LAW. Unit A: Basics of the Law Objective 01.01. Ethics tell you what you ought to do, but People do not always do what they are supposed to do. The governments creates laws to take care of those who are not ethical. Why is Law Necessary?.

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Unit A: Basics of the Law Objective 01.01

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  1. Understand the origins of law. SOURCES OF AMERICAN LAW Unit A: Basics of the LawObjective 01.01

  2. Ethics tell you what you ought to do, but People do not always do what they are supposed to do. The governments creates laws to take care of those who are not ethical. Why is Law Necessary?

  3. Law is a system of rules of conduct established by a country’s government to maintain stability and justices according to the values that are relevant to that country. Law

  4. Defines the rights and responsibilities of the people. It can require certain action or forbid it. It has the power to punish peoples for acting illegally. The Law enforces the rights and duties of everyone through the police, the courts, the legislature , and regulatory agencies. The Law

  5. Ethics and law affect each other. Changes in ethical standards can help us make new laws or get rid of all laws. Changes in the law can help people adjust their ideas on morality. The conflict between social forces has led to such changes in the US. Ethical and legal conflicts

  6. Common Law Law of Precedent Statutory Law Federal and State Constitutions Administrative Law Sources of American Law

  7. Unwritten laws • Based on customs and traditions of people in a society Common Law

  8. The King’s court of judges traveled in circuits around the countryside deciding cases. Decisions were based on local customs and traditions. The judges shared decisions with other judges so justice was served equally or “in common.” English Common Law

  9. Colonists brought English Common Law doctrines with them to America. Primary basis of American legal system Common Law

  10. Adopted by US legal system • Common law developed into a legal system modeled by nations around the world Common Law

  11. Judges referred to decisions in previous common law cases. Judges applied that decision to a new but similar case. Thus, Law of Precedent established. Law of Precedent

  12. Also called Case law • Also called the Doctrine ofstare decisis • Latin for “Let the decision stand” Law of Precedent

  13. Evolved from sharing common law • Judge researches a similar previous court case. • Judge applies that decision to new case. Law of Precedent

  14. Common law was eventually written down • Legislative bodies adopted common laws • Common law became statutes. Statutory Law

  15. Statutory law is enacted (passed, created, ratified) by a governing body for a specific purpose. • Federal legislature • Creates statutes, acts • State legislature • Creates statutes • Municipal (city/town) government • Creates local ordinances and by-laws Statutory Law

  16. Common laws which the US bases its laws is closely connected Christianity The laws of Saudia Arabia that govern society are closely connected to what religion? Islam Laws

  17. All statutes- • Are subject to review by judicial system • Must be constitutional - cannot conflict with the United States Constitution Statutes

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

  19. The US Constitution is the supreme law of land. • Any state or local law that conflicts with the US Constitution is unconstitutional. • If unconstitutional, then law is null and void. • The Supremacy Clause, US Constitution Article VI • States that the US Constitution and the laws of the US are the highest laws in the land Constitutional Law

  20. A higher court prevails over any lower court decisions. A federal law prevails over state laws. State law prevails over municipal (town or city) ordinances. Supreme Court determines questions of constitutionality. Who has supremacy?

  21. Balance of powers between the three branches • Legislative –Article 1 • Executive – Article 2 • Judicial – Article 3 • Checks and balances between the branches limits their power. Constitutional Law

  22. US Constitution guarantees rights to citizens • Bill of Rights – Individual rights • Rights of Representation • Arrest/Trial Rights • Suffrage (Voting) Rights • States Rights • Right to amend Constitution Rights of Citizens

  23. Laws that are passed by the US Congressed and signed by the president • Commerce Clause • Congress has the power to make law pertaining to interstate commerce and between states Federal Statutes

  24. Administrative law is the regulations, orders, rules and decisions of administrative agencies. Legislators create an administrative or regulatory agency. Purpose isto regulate certain activities for the benefit of the public. Administrative Law

  25. Have the power to: • Make rules • Enforce rules • Investigate violations • Decide guilt or innocence of violators • Penalize those convicted • Order actions to stop Administrative (Regulatory) Agencies

  26. Are set up when expert knowledge is needed Have a limited scope of power Are subject to judicial review by the court system Administrative Agencies

  27. Environmental Protection Agency (EPA) • Established by federal law to help keep our environment clean and healthy for the enjoyment of all citizens • Establishes and enforces rules related to protection of our environment • Can prosecute, fine and issue cease and desist orders against offenders Regulatory Agency Example

  28. Commercial Law – concerned with business transactions and the operation of business establishments International Law – concerned with the conduct of nations in their relations with each other ADDITIONAL VOCABULARY TERMS

  29. Common Law Interpreting statutes Judicial Review Courts Make Laws By

  30. To lessen confusion uniform codes are created. Uniform Commercial Code means that statutes relating to commerce are essentially the same in all states Uniform Codes

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