1chapter section opener / closer: insert book cover art sources of law section 1.2
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11ChapterChapter
SECTION OPENER / CLOSER:INSERT BOOK COVER ART
Sources of LawSources of LawSection 1.2Section 1.2
Understanding Business and Personal Law
Sources of Law Sources of Law Section 1.2Section 1.2
Ethics and the Law
The Five Main Sources of U.S. Law
Constitutional Law
Common Law
Statutory Law
Court Decisions
Administrative Regulations
Section OutlineSection Outline
Understanding Business and Personal Law
Sources of Law Sources of Law Section 1.2Section 1.2
Ethics and the Law
Pre-Learning Question Pre-Learning Question
Why are there different sources of law?
Understanding Business and Personal Law
Sources of Law Sources of Law Section 1.2Section 1.2
Ethics and the Law
The Five Main SourcesThe Five Main Sources of U.S. Law of U.S. Law
Although the five main sources of law may seem different, they all pertain to the law in some way.
Constitutional Law (Federal and State Constitutions)
Common Law (English Common Law)
Understanding Business and Personal Law
Sources of Law Sources of Law Section 1.2Section 1.2
Ethics and the Law
The Five Main SourcesThe Five Main Sources of U.S. Law of U.S. Law
Statutory Law (Statutes)
Court Decisions
Administrative Regulations (Administrative Law)
Understanding Business and Personal Law
Sources of Law Sources of Law Section 1.2Section 1.2
Ethics and the Law
Constitutional Law Constitutional Law
A country’s constitution spells out the principles by which the government operates.
In our country, the most fundamental law is the U.S. Constitution.
Understanding Business and Personal Law
Sources of Law Sources of Law Section 1.2Section 1.2
Ethics and the Law
The U. S. ConstitutionThe U. S. Constitution
Sets forth the fundamental rights of citizens.
Defines the limits within which the federal and state governments may pass laws.
Describes the functions of different branches and divisions of our national government.
Understanding Business and Personal Law
Sources of Law Sources of Law Section 1.2Section 1.2
Ethics and the Law
The U. S. ConstitutionThe U. S. Constitution
The U.S. Constitution consists of seven articles (with applicable sections) and 27 amendments.
The articles establish the national government.
The amendments outline the rights of the people.
Understanding Business and Personal Law
Sources of Law Sources of Law Section 1.2Section 1.2
Ethics and the Law
The U. S. ConstitutionThe U. S. Constitution
The Bill of Rights protects two kinds of rights:
Rights of individual liberty
Rights of persons accused of crimes
Understanding Business and Personal Law
Sources of Law Sources of Law Section 1.2Section 1.2
Ethics and the Law
1.21.2
The Articles of the Constitution The Articles of the Constitution
of the United States, in order to form… of the United States, in order to form…
Article I.Article I. The Legislative BranchThe Legislative BranchArticle II.Article II. The Executive BranchThe Executive BranchArticle III.Article III. The Judicial BranchThe Judicial BranchArticle IV.Article IV. Relations Among StatesRelations Among StatesArticle V.Article V. The Amending ProcessThe Amending ProcessArticle VI.Article VI. National SupremacyNational SupremacyArticle VII.Article VII. The Ratification of the The Ratification of the
Constitution Constitution
Understanding Business and Personal Law
Sources of Law Sources of Law Section 1.2Section 1.2
Ethics and the Law
Common Law Common Law
In the early days of English history, judges traveled in circuits around England deciding cases.
Because there was no written law, judges made decisions based on customs and traditions.
Understanding Business and Personal Law
Sources of Law Sources of Law Section 1.2Section 1.2
Ethics and the Law
Judges shared their decisions with other judges.
They tried to share the same law “in common” with everyone else throughout the country.
This practice formed the basis of common law.
Common Law Common Law
Understanding Business and Personal Law
Sources of Law Sources of Law Section 1.2Section 1.2
Ethics and the Law
Common law led to the doctrine of precedent, which means a judge is required to follow an earlier court decision when deciding a case with similar circumstances.
Stare decisis means “let the decision stand.”
Precedent Precedent
Understanding Business and Personal Law
Sources of Law Sources of Law Section 1.2Section 1.2
Ethics and the Law
How many amendments are there to the U.S. Constitution?
Understanding Business and Personal Law
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Ethics and the Law
27
ANSWERANSWER
Understanding Business and Personal Law
Sources of Law Sources of Law Section 1.2Section 1.2
Ethics and the Law
Statutes are laws specifically passed by a governing body, such as the U.S. Congress, state legislatures, and city councils.
Statutory Law Statutory Law
Understanding Business and Personal Law
Sources of Law Sources of Law Section 1.2Section 1.2
Ethics and the Law
A statute may order people to do something, such as pay taxes or sign up for the military draft.
A statute may also forbid people from doing something, such as discriminating in employment.
Statutory Law Statutory Law
Understanding Business and Personal Law
Sources of Law Sources of Law Section 1.2Section 1.2
Ethics and the Law
Federal statutes are laws passed by Congress and signed by the president.
State statues are laws passed by a state’s own legislature, or body of lawmakers.
Statutory Law Statutory Law
Understanding Business and Personal Law
Sources of Law Sources of Law Section 1.2Section 1.2
Ethics and the Law
Federal and state statutes cannot conflict with the U.S. Constitution, or they may be ruled unconstitutional, or invalid.
Statutory Law Statutory Law
Understanding Business and Personal Law
Sources of Law Sources of Law Section 1.2Section 1.2
Ethics and the Law
Courts make laws in three ways:
Court Decisions Court Decisions
1. Through common-law tradition
2. By interpreting statutes
3. By judicial review
Understanding Business and Personal Law
Sources of Law Sources of Law Section 1.2Section 1.2
Ethics and the Law
Legislatures often give the power to regulate a particular kind of activity to an administrative, or regulatory, agency.
Administrative law consists of those rules and procedures established by regulatory agencies.
Administrative Regulations Administrative Regulations