section 1.2

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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

What You’ll Learn

How to recognize the various parts of How to recognize the various parts of the U.S. Constitution (p. 14)the U.S. Constitution (p. 14)

How to explain the components of How to explain the components of common law (p. 17)common law (p. 17)



Ethics and the Law

What You’ll Learn

How to explain the purposes of statutory How to explain the purposes of statutory law (p. 18)law (p. 18)

How to identify the various ways that How to identify the various ways that courts make law (p. 20)courts make law (p. 20)



Ethics and the Law

What You’ll Learn

How the government makes administrative How the government makes administrative regulations (p. 21)regulations (p. 21)



Ethics and the Law

Why It’s Important

Learning how the law is made will help you Learning how the law is made will help you make decisions regarding your legal make decisions regarding your legal responsibilities.responsibilities.



Ethics and the Law

Legal Terms

Constitution (p. 14)Constitution (p. 14)common law (p. 17)common law (p. 17)precedent (p. 17)precedent (p. 17)statutes (p. 18) statutes (p. 18)



Ethics and the Law

Legal Terms

unconstitutional (p. 19)unconstitutional (p. 19)legislature (p. 19)legislature (p. 19)administrative law (p. 21) administrative law (p. 21)



Ethics and the Law

The Five Main Sources of U.S. Law Constitutional LawCommon LawStatutory LawCourt DecisionsAdministrative Regulations

Section OutlineSection Outline



Ethics and the Law

Pre-Learning Question Pre-Learning Question

Why are there different sources of law?



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

common law



Ethics and the Law

The Five Main SourcesThe Five Main Sources of U.S. Law of U.S. Law

statutory law

court decisions

administrative regulations



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.



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.



Ethics and the Law

The U. S. ConstitutionThe U. S. Constitution The U.S. Constitution consists of seven articles and 27 amendments.The articles establish the national government.The amendments outline the rights of the people.



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



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.



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



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



Ethics and the Law

How many amendments are there to the U.S. Constitution?



Ethics and the Law

27

ANSWERANSWER



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



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.




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.




Ethics and the Law

Federal and state statutes cannot conflict with the U.S. Constitution, or they may be ruled unconstitutional, or invalid.




Ethics and the Law

Courts make laws in three ways:

Court Decisions Court Decisions

1. Through common-law tradition2. By interpreting statutes3. By judicial review



Ethics and the Law

Sunflower City passed an ordinance that requires all commercial signage to incorporate a sunflower into the design. What is the source of this law?



Ethics and the Law

ANSWERANSWER

Statutory law



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



Ethics and the Law

Reviewing What You Learned

1. What are the various parts of the U.S. Constitution?

Section 1.2 Assessment



Ethics and the Law


Articles, which establish the national government, and amendments, which outline the rights of the people.


Answer



Ethics and the Law


2. What are the components of common law?




Ethics and the Law


Based upon previous court decisions


Answer



Ethics and the Law


3. What are the purposes of statutory law?




Ethics and the Law


To order people to do something or prohibit people from doing things.


Answer



Ethics and the Law


4. How do the courts make laws?




Ethics and the Law


Using common law, statutory interpretation, and judicial review.


Answer



Ethics and the Law


5. How does the government make administrative regulations?




Ethics and the Law


Through the use of administrative agencies.


Answer



Ethics and the Law


Critical Thinking ActivitySources of LawWhy is it important to be able to distinguish between the U.S. Constitution and statutory law?



Ethics and the Law


Answers will vary, but understanding the source of a law may help you understand the reason for the law itself.

Critical Thinking Activity AnswerSources of Law



Ethics and the Law


Legal Skills in ActionThe Articles of Confederation The U.S. Constitution is not the original governing document for the United States. At one time, the national government was organized and operated under the Articles of Confederation.



Ethics and the Law


Legal Skills in ActionThe Articles of Confederation The Articles lasted only a decade, however. With a partner, conduct a research project to uncover the weaknesses of the Articles of Confederation.



Ethics and the Law

Section 1.1 AssessmentSection 1.2 Assessment

Reports will vary, but should cite sources to support their findings.

Legal Skills in Action AnswerThe Articles of Confederation

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Sources of LawSources of LawEnd of Section 1.2End of Section 1.2

section 1.2

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