Law and SocietyLaw and Society

CJUS/POLS 102CJUS/POLS 102

Chapter 1: Introduction to Chapter 1: Introduction to LawLaw

Functions of LawFunctions of LawFive primary functionsFive primary functions

1. Bestows benefits on people1. Bestows benefits on people

2. Reflects society’s values2. Reflects society’s values

3. Creates new programs3. Creates new programs

4. Proscribes certain activities4. Proscribes certain activities

5. Provides predictability 5. Provides predictability

Sources of LawSources of Law1.1. Natural lawNatural law

- considered a higher law- considered a higher law- laws of God or nature- laws of God or nature- “- “mala in semala in se””

2.2. Positive lawPositive law- reflect the will of the people- reflect the will of the people- “- “mala prohibitamala prohibita””

3.3. Sociological lawSociological law- values / mores / culture of a society- values / mores / culture of a society

Laws of SocietyLaws of SocietyLaws: divided into different concepts:Laws: divided into different concepts:

1.1. Constitutional lawConstitutional law- supreme law of the land- supreme law of the land-- all others subordinateall others subordinate- US Supreme Court- US Supreme Court- limits government - limits government

2.2. Criminal lawCriminal law- federal / state / local- federal / state / local- felony / gross misdemeanor / - felony / gross misdemeanor / misdemeanormisdemeanor

Laws of SocietyLaws of Society3.3. Civil lawCivil law

- relates to torts committed- relates to torts committed- personal injury- personal injury- physical / mental / monetary- physical / mental / monetary- action between two or more parties- action between two or more parties

4.4. Administrative lawAdministrative law- powers of administrative agencies- powers of administrative agencies- elected officials enact laws- elected officials enact laws- government agencies carry out- government agencies carry out- enact policies / procedures - enact policies / procedures

Laws of SocietyLaws of Society5.5. Statutory lawStatutory law

- written laws passed by governments- written laws passed by governments- federal / state statutes- federal / state statutes- county / city ordinances- county / city ordinances

6.6. Common lawCommon law- originated in Medieval England- originated in Medieval England- adopted during American Revolution- adopted during American Revolution- opinions / judgments of courts- opinions / judgments of courts- judge-made law- judge-made law- “- “unwritten lawunwritten law””

Laws of SocietyLaws of Society7.7. Case lawCase law

- reported judicial decisions- reported judicial decisions- judge interprets the law- judge interprets the law- meaning of Constitution / statutes / other- meaning of Constitution / statutes / other-- criminal trials / civil trials / appealscriminal trials / civil trials / appeals

8.8. Public lawPublic law- concerned with public rights / obligations- concerned with public rights / obligations- constitutional / international / criminal / - constitutional / international / criminal / etc.etc.

9.9. Private lawPrivate law

Laws of SocietyLaws of Society- regulates the rights and duties- regulates the rights and duties- exist between private persons- exist between private persons- individuals / companies / associations- individuals / companies / associations- contract law / business law / etc.- contract law / business law / etc.

Modern Sources of LawModern Sources of Law

1.1. Constant state of changeConstant state of change- society changes / laws must adapt- society changes / laws must adapt- old laws dropped / new laws added- old laws dropped / new laws added- others modified- others modified

Modern SourcesModern Sources2.2. Constitutional form of governmentConstitutional form of government

- ultimate source of law- ultimate source of law- all branches of government- all branches of government- by the people- by the people

a. a. Legislative branchLegislative branch - federal / state / local- federal / state / local - written law- written law - “- “referendumreferendum”” (1) Laws have jurisdiction(1) Laws have jurisdiction

Modern SourcesModern Sources - geographic area - geographic area - power / authority to enforce- power / authority to enforce

(a) (a) Federal lawFederal law - entire country / territories- entire country / territories - relates to federal authority / - relates to federal authority /

powerpower (b) (b) State lawState law

- entire state- entire state - county / city alike- county / city alike - health / taxes / wildlife / - health / taxes / wildlife /

licenseslicenses

Modern SourcesModern Sources (c) (c) County lawCounty law

- only to that county- only to that county - can include cities within- can include cities within - juvenile / civil / property taxes / - juvenile / civil / property taxes /

etcetc

(d) (d) City lawCity law - only to that city- only to that city - police / fire / water / licenses / - police / fire / water / licenses /

etcetc (2) (2) Doctrine of SupremacyDoctrine of Supremacy - cannot supersede state law- cannot supersede state law

Modern SourcesModern Sources - cannot supersede federal law- cannot supersede federal law

(3) (3) Challenging a legislated lawChallenging a legislated law - courts do not interfere- courts do not interfere - until someone challenges- until someone challenges - appeals conviction / judgment - appeals conviction / judgment - must be a case / controversy- must be a case / controversy

b. b. Executive branchExecutive branch - veto makes law- veto makes law - executive order / administrative law- executive order / administrative law

Modern SourcesModern Sources (1) (1) VetoVeto

- bill signed by president / governor- bill signed by president / governor- can override by 2/3’s majority- can override by 2/3’s majority

(2) (2) Executive orderExecutive order- protecting environmental areas- protecting environmental areas- excusing from prosecution- excusing from prosecution

(3) (3) Administrative lawAdministrative law- agencies impose policy / - agencies impose policy /

proceduresprocedures- agency head reports to executive- agency head reports to executive

Modern SourcesModern Sourcesc. c. Judicial branchJudicial branch

- all levels make law- all levels make law

(1) (1) State courtsState courts- Grays Harbor Superior Court- Grays Harbor Superior Court- State Court of Appeals (2- State Court of Appeals (2ndnd circuit) circuit)- State Supreme Court- State Supreme Court

(2) (2) Federal courtsFederal courts- US District Court (Tacoma)- US District Court (Tacoma)- US Court of Appeals (9- US Court of Appeals (9thth circuit) circuit)

Modern SourcesModern Sources- US Supreme Court- US Supreme Court

d. d. Lawmaking by the peopleLawmaking by the people (1) How we vote(1) How we vote

(2) (2) InitiativeInitiative

3.3. Classification of LawClassification of Law- all levels of government- all levels of government- federal / state / local- federal / state / local

ClassificationClassificationa. a. Civil / Criminal lawCivil / Criminal law

- referred to as private law / public - referred to as private law / public lawlaw

b. b. International / domestic lawInternational / domestic law

(1) (1) InternationalInternational- between two or more countries- between two or more countries- civil or criminal- civil or criminal

(2) (2) DomesticDomestic- handled in US courts- handled in US courts

ClassificationClassification c. c. Procedural / substantive lawProcedural / substantive law

(1) (1) Procedural lawProcedural law- establishes procedures to be - establishes procedures to be

followedfollowed- by police / courts / corrections- by police / courts / corrections- 5- 5thth Amendment Amendment

(a) Police(a) Police

- use of force - use of force - advice to rights- advice to rights- collection of evidence- collection of evidence

ClassificationClassification (b) Courts(b) Courts

- filing of charges- filing of charges- notification for defense- notification for defense- presentation of evidence- presentation of evidence

(c) Corrections(c) Corrections- offender rights- offender rights- parole hearings- parole hearings- personal safety- personal safety

(2) (2) Substantive lawSubstantive law

ClassificationClassification- content / substance of the law- content / substance of the law

(a) Perform a certain action(a) Perform a certain action- act in a certain way- act in a certain way

(b) Prohibits criminal acts(b) Prohibits criminal acts- certain actions a crime- certain actions a crime

Washington State GovernmentWashington State Government

1. 1. 1848 – 1853: part of Oregon Territory1848 – 1853: part of Oregon Territory

Washington StateWashington State- Oregon / Washington / Idaho- Oregon / Washington / Idaho

- territorial representatives- territorial representatives

- Territorial Supreme Court (3 justices)- Territorial Supreme Court (3 justices)

a. a. 1853 – 1889: Washington Territory1853 – 1889: Washington Territory

- north of Columbia River- north of Columbia River

- west of Continental Divide- west of Continental Divide

- territorial governor / - territorial governor / representativesrepresentatives

- supreme court (4 justices)- supreme court (4 justices)

- territorial prison (Walla Walla)- territorial prison (Walla Walla)

Washington StateWashington Stateb. October 1, 1889: state constitutionb. October 1, 1889: state constitution

- elected public officials- elected public officials

(1) November 11, 1889: 42(1) November 11, 1889: 42ndnd state state- Act of Congress- Act of Congress- laws of California- laws of California- 3 branches of government- 3 branches of government- supreme court (5 justices)- supreme court (5 justices)

(2) 39 counties(2) 39 counties- county commissioners- county commissioners

Washington StateWashington State- county agencies (roads / health / - county agencies (roads / health /

etc)etc)

2.2. Branches of governmentBranches of government

a. a. ExecutiveExecutive - Governor / Lt. Governor- Governor / Lt. Governor - 189 administrative - 189 administrative

agencies/commissionsagencies/commissions

b. b. LegislativeLegislative - Senate / House of Representatives- Senate / House of Representatives - 49 senators / 98 representatives- 49 senators / 98 representatives

Washington StateWashington State(c) (c) JudicialJudicial

- state supreme court (9 justices)- state supreme court (9 justices)

- state court of appeals (I / II / III)- state court of appeals (I / II / III)

- superior courts (population)- superior courts (population)

- district courts / municipal courts- district courts / municipal courts

3.3. Washington lawWashington law

- - Washington Administrative CodeWashington Administrative Code (WAC)(WAC)

- - Revised Code of WashingtonRevised Code of Washington (RCW) (RCW)