Types of Laws

1. GOALS Chapter 1 Lesson 1-2 Types of Laws Explain how constitutional, statutory, case, and administrative laws are created Explain how to resolve conflicts between constitutional, statutory, case, and administrative laws Describe the differences between criminal and civil, substantive and procedural, and business and other forms of law

2. Chapter 1 WHAT ARE THESOURCES OF OUR LAWS? • Constitutions • Constitutional Law – law made when constitutions are adopted or amended, or when courts interpret constitutions • We are governed by: • US Constitution & State Constitution

3. Chapter 1 WHAT ARE THESOURCES OF OUR LAWS? • Allocation of power • between people and government – does this with the Bill of Rights • between federal and state governments – powers of business divided on the basis of commerce • Fed – foreign and interstate commerce • State – intrastate commerce • among branches of government – system of checks and balances / ensures no branch becomes too powerful

4. Chapter 1 WHAT ARE THESOURCES OF OUR LAWS? • Statutes – Law enacted by legislatures • State legislatures are created by state constitutions • What’s Your Verdict? (Congress requires cigarette makers to print these words on every cigarette package: “Warning: the Surgeon General has determined that cigarette smoking is dangerous to your health”) • What type of law requires this? • Statute enacted by the US Congress • Ordinance – legislation enacted at the local level • Administrative regulations • Administrative Agencies – governmental bodies created by federal, state, and local legislatures to carry out particular laws DEA 

5. Chapter 1 WHAT ARE THESOURCES OF OUR LAWS? • Administrative Agencies –cont. Laws created are called “Rules and Regulations” • Case law – law made after a trial has ended and one of the parties has appealed the result to a higher court (judicial branch) • Stare Decisis – legal doctrine that requires lower courts to follow established case law in deciding similar cases (to adhere to decided cases) “In This Case” – example of state case law

6. Chapter 1 WHAT HAPPENSWHEN LAWS CONFLICT? • Constitutions and validity • Constitutions – highest source of law “supreme law of the land” • If any federal, state, or local law conflicts – not valid • Unconstitutional – a law that is invalid because it conflicts with a constitution

7. Chapter 1 WHAT HAPPENSWHEN LAWS CONFLICT? • Statutes and validity – must be constitutional to be valid (courts determine constitutionality) • Administrative regulations and validity – courts also determine constitutionality • Case law and validity – a legislative body has power to nullify a court’s interpretation of a statute or ordinance • People have the power to amend constitutions if they disagree (voting for representatives)

8. Chapter 1 WHAT HAPPENSWHEN LAWS CONFLICT? • What’s Your Verdict? (When adopted, the U.S. Constitution provided that there could be no income tax. So when Congress levied a 2% income tax in 1894, the U.S. Supreme Court declared it unconstitutional. Many people wanted the federal government to raise money by taxing incomes because the burden imposed would be based on one’s ability to pay. ) • Could the people do anything to change the effect of the Supreme Court decision? • 16th Amendment to US Constitution gave Congress power to lay and collect an income tax - nullified the US Supreme Court decision

9. Chapter 1 WHAT ARE THEMAIN TYPES OF LAWS? • Criminal v. civil laws • Civil law – group of laws that redress wrongs against individual persons • Applies when one person has a right to sue another person • No police involvement • Crime – an offense against society • Protects citizens right to live in peace

10. Chapter 1 WHAT HAPPENSWHEN LAWS CONFLICT? • What’s Your Verdict? (Worthington was driving down the road well within the speed limit. At a stop sign he slowed to about 15 miles per hour, but he did not stop. As a result, he smashed into the side of Bates’ Mercedes, causing $12,000 in damage.) • Did Worthington violate civil or criminal law? • Both: Crime – driving through stop sign Civil – carelessly driving into another’s vehicle • Procedural v. substantive laws • Business law

11. Chapter 1 WHAT HAPPENSWHEN LAWS CONFLICT? • Procedural v. substantive laws • Procedural law – laws dealing with methods of enforcing legal right and duties • Substantive law – laws defining rights and duties of conduct except those involved in enforcement

12. Chapter 1 WHAT HAPPENSWHEN LAWS CONFLICT? • Business law – laws that apply to business situations and transactions • Mostly concerned with civil law – especially contracts • Torts – private wrongs against people or organizations • Uniform Commercial Code (UCC) – widely adopted uniform business law