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Unit 1: Law, Justice, and You. Chapter 1: Our Laws. Lesson 1-2. Types of Laws. 1-2 Types of Laws. Goals: Explain how constitutional, statutory, case, and administrative laws are created Explain how to resolve conflicts between constitutional, statutory, case, and administrative laws

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Unit 1:Law, Justice, and You

Chapter 1:

Our Laws


Lesson 1-2

Types of Laws


1-2 Types of Laws

  • Goals:

    • 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

  • Laws are created at all three levels of government—federal, state, and local

Unit 1, Chapter 1


Constitutions

  • Document that sets forth the framework of a government and its relationship to the people it governs

  • You are governed by the:

    • Constitution of the United States

    • Constitution of the State of Mississippi

  • The Supreme Court of the United States is the final interpreter of the federal Constitution

  • The Mississippi Supreme Court is the final authority of the state constitution

Unit 1, Chapter 1


Constitutions

  • Federal and state constitutions define and allocate certain powers in our society

    • Allocate powers:

      • Between the people and their government

      • Between state governments and the federal government

      • Among the branches of the government

Unit 1, Chapter 1


Constitutions

  • Allocation of power between people and government

  • Federal Constitution is the main instrument

  • Bill of Rights

    • First ten amendments

    • Protects people from actions of their government

      • Freedom of speech, right to remain silent, etc.

Unit 1, Chapter 1


Constitutions

  • Allocation of power between federal and state governments

  • Example with business and commerce:

    • The Constitution gives the federal government the power to regulate both foreign and interstate commerce

    • Not intrastate commerce

Unit 1, Chapter 1


Constitutions

  • Allocation of power among the branches of government

  • Three branches of government:

    • Executive

    • Legislative

    • Judicial

  • System of checks and balances

Unit 1, Chapter 1


Statutes

  • The federal Constitution created the Congress of the U. S.

  • State constitutions created the state legislatures

  • Both are composed of elected representatives of the people

  • These legislatures enact laws called statutes

Unit 1, Chapter 1


Administrative Regulations

  • Federal, state, and local legislatures all create administrative agencies

    • Governmental bodies formed to carry out particular laws

    • Social Security Administration (federal)

    • Mississippi Department of Transportation (state)

    • Zoning Commission (local)

  • Usually controlled by the executive branch of government that formed the agency

Unit 1, Chapter 1


Administrative Regulations

  • Legislative power

    • Authorized to create administrative laws

      • Rules and regulations

  • Limited judicial power

    • Hearings

    • Make determinations of fact

    • Apply the law to particular cases

Unit 1, Chapter 1


Cases

  • Judicial branch creates case law

Trial ends,

result appealed

to higher court

Appeal based on

legal rulings

made by the

lower court

When appellate court

publishes opinion, it may state

new rules to be used in

deciding the case

and others like it

Unit 1, Chapter 1


Cases

  • Stare decisis

    • “to adhere to decided cases”

    • Lower courts must follow established case law in deciding similar cases

    • Generally doesn’t bind supreme courts

    • Seldom revoked

Unit 1, Chapter 1


Conflicting Laws

  • Constitutions and validity

    • The federal Constitution is the “supreme law of the land”

    • Any federal, state, or local law is not valid if it conflicts with the federal Constitution

    • Same within each state and state constitution

    • “Unconstitutional” – when a law is invalid because it conflicts with a constitution

Unit 1, Chapter 1


Conflicting Laws

  • Statutes and validity

    • Must be constitutional to be valid

  • Administrative regulations and validity

    • Can be reviewed by courts to determine if unconstitutional

Unit 1, Chapter 1


Conflicting Laws

  • Case law and validity

    • Courts are not the final authority

    • Statutes can be abolished or rewritten

    • Administrative agencies can revise regulations if challenged

    • People, through votes for representatives, have power to amend constitutions

Unit 1, Chapter 1


Criminal v. Civil Laws

  • Civil law

    • When the private legal rights of an individual are violated

    • One person has a right to sue another person

    • Police do not take action in civil conflicts

Unit 1, Chapter 1


Criminal v. Civil Laws

  • Criminal law

    • Crime—an offense against society

      • Disrupts the stable environment that we depend on to make civilization work

    • Government acts in the name of all the people to investigate an alleged crime

    • Conviction

      • Fine

      • Imprisonment

      • Execution (in some states)

Unit 1, Chapter 1


Criminal v. Civil Laws

  • When a crime occurs, private rights of the victim are usually violated, too

    • Violation may be a crime and a civil offense

    • Civil law may apply

    • Victim may sue the wrongdoer

    • I.E.-- O. J. Simpson?

Unit 1, Chapter 1


Procedural v. Substantive Laws

  • Procedural law

    • Deals with methods of enforcing legal rights and duties

      • How and when police can make arrests

      • Trial methods

      • Stare decisis

      • Rules for determining the supremacy of conflicting laws

Unit 1, Chapter 1


Procedural v. Substantive Laws

  • Two types of procedural law

    • Criminal procedure

      • Defines the process for enforcing the law when someone is charged with a crime

    • Civil procedure

      • Used when a civil law has been violated

      • Concerned only with private offenses

      • Police and public prosecutors generally don’t get involved

Unit 1, Chapter 1


Procedural v. Substantive Laws

  • Substantive laws

    • Defines rights and duties

    • Concerned with all rules of conduct except those involved with enforcement

    • Defines offenses

      • Murder

      • Theft

      • Vehicular homicide, etc.

Unit 1, Chapter 1


Business Law

  • Covers rules that apply to business situations and transactions

  • Mostly civil law

    • Contracts

    • Torts—private wrongs (civil offenses) against people or organizations

    • Uniform Commercial Code (UCC)

Unit 1, Chapter 1


Think About Legal Concepts

  • Page 13

  • 1.Bill of Rights

  • 2.c

  • 3.Ordinances

  • 4.True

  • 5.True

  • 6.b

  • 7.True

  • 8.False

  • 9.b

Unit 1, Chapter 1


Review1-2 Types of Laws

  • Goals:

    • 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

  • Laws are created at all three levels of government—federal, state, and local

Unit 1, Chapter 1


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