types of laws

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Chapter 1Chapter 1 Slide Slide 11

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

Lesson 1-2

GOALS



WHAT ARE THESOURCES OF OUR LAWS?

Constitutions

Constitutional LawConstitutional Law – law made when constitutions are adopted or amended, or when courts interpret constitutions

We are governed by:

US Constitution &

State Constitution




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




StatutesStatutes – Law enacted by legislaturesState legislatures are created by state constitutionsWhat’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 OrdinanceOrdinance – legislation enacted at the local level

Administrative regulations Administrative AgenciesAdministrative Agencies – governmental bodies

created by federal, state, and local legislatures to carry out particular laws DEA




Administrative Agencies –cont.Administrative Agencies –cont.

Laws created are called “Rules and Regulations”Case lawCase law – law made after a trial has ended and

one of the parties has appealed the result to a higher court (judicial branch)Stare DecisisStare 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



WHAT HAPPENSWHEN LAWS CONFLICT?

Constitutions and validityConstitutions – highest source of law

“supreme law of the land”If any federal, state, or local law conflicts – not valid

Unconstitutional Unconstitutional – a law that is invalid because it conflicts with a constitution




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)




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



WHAT ARE THEMAIN TYPES OF LAWS?

Criminal v. civil lawsCivil lawCivil law – group of laws that redress

wrongs against individual personsApplies when one person has a right to sue

another personNo police involvement

CrimeCrime – an offense against societyProtects citizens right to live in peace




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 lawsBusiness law




Procedural v. substantive laws

Procedural lawProcedural law – laws dealing with methods of enforcing legal right and duties

Substantive lawSubstantive law – laws defining rights and duties of conduct except those involved in enforcement




Business lawBusiness law – laws that apply to business situations and transactions Mostly concerned with civil law –

especially contracts

TortsTorts – private wrongs against people or organizations

Uniform Commercial Code (UCC) – widely adopted uniform business law

types of laws

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