Unit 1:Law, Justice, and You
Chapter 1:
Our Laws
Lesson 1-2
Types of Laws
Unit 1, Chapter 1
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
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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
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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
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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.
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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
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Constitutions
Allocation of power among the branches of government
Three branches of government: Executive Legislative Judicial
System of checks and balances
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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
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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
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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
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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
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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
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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
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Conflicting Laws
Statutes and validity Must be constitutional to be valid
Administrative regulations and validity Can be reviewed by courts to determine if
unconstitutional
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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
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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
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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)
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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?
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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
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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
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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.
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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)
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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