Sources of LawChapter 2

WHAT IS THE PURPOSE OF THE LAW?

Laws sets standards that govern our conduct—let’s us know what is expected of us and others—provides method to settle disputes—PROVIDES JUSTICE AND HARMONY IN OUR SOCIETY!

OVERVIEWSources of Law

Constitutional Law (Federal and State) Statutory Law (Federal and State) Administrative Regulations Court Decisions through interpreting the law

U.S. CONSTITUTION Established our form of government Provides the framework as the “ultimate”

decision maker in interpreting laws Outlines and protects our rights Strong/flexible – Limited/just

Strong: provides for national government Limited and just: Protects our guaranteed rights.

STRUCTURE OF CONSTITUTION Articles

Amendments First 10 are the Bill of Rights

ARTICLES I-III Establishes our three branches of government.

WHY is this important?

System of Checks and Balances Each branch has some authority over the

others The Legislative Branch passes laws The Executive Branch enforces laws The Judicial Branch interprets laws

Taking a look at the U.S. Constitution…

Recent vacancies on the Supreme Court

The Constitution and balance of power in The Constitution and balance of power in action!action!

ARTICLES IV - VII Relationships between states, full faith and credit How will the Constitution be amended Establishes the U.S. Constitution, federal laws,

federal treaties as supreme law of the land Ratifies the original constitution.

Relationship between “Business Law” and the Constitution

Branches of government to pass, enforce and interpret laws Framework and processes all flow from the authority

granted by the Constitution

Framework to ensure constitutionality

STATE CONSTITUTIONS Sets forth much of the same framework for a

State that the U.S. Constitution sets forth for the United States.

The U.S. Constitution is supreme

The Wisconsin State Constitution

http://www.legis.state.wi.us/rsb/unannotated_wisconst.pdf

STATUTORY LAW Federal laws (statutes) are compiled in the

USC (United States Code) http://www4.law.cornell.edu/uscode/

Commercial transaction laws are compiled in the UCC (Uniform Commercial Code)

http://www.law.cornell.edu/ucc/ucc.table.html

Wisconsin laws (statutes are compiled in the WI Stats. (Wisconsin State Statutes)

http://www.legis.state.wi.us/rsb/Statutes.html

Courts involvement in Law

Common Law

Interpretation of Statutes

Judicial review

1. COMMON LAW

Historically, the compiled record of previous decisions made by various judges throughout the districts

Based on precedent Stare decisis “Standing by the decision” Unless there is a good reason, cases presenting same

legal issue should be based on precedent

2. STATUTORY INTERPRETATION

Provides clarity Evaluates the legislative intent of the law Evaluates old laws that new law replaces Evaluates past precedent

3. Judicial Review

Courts reviewing for constitutionality Statutes Administrative Regulations Executive Actions

Cases for Analysis

ADMINISTRATIVE REGULATIONS Regulations that are Agency specific

Administrative Agency: A board, bureau, office, department etc. of the

executive branch that implements the law which originates with the legislative branch. A REGULATORY AGENCY!

FBI, Federal Aviation, Homeland Security Dept of Motor Vehicles, County Emergency

Government

ADMINISTRATIVE REGS Federal Administrative Statutes

Compiled in the CFR (Code of Federal Regulations)

http://cfr.law.cornell.edu/cfr/

Wisconsin Administrative Codes http://www.legis.state.wi.us/rsb/code/

How is business law derived from the U.S. Constitution?

U.S. Constitution sets forth the framework of our government (separation of powers) grants powers to Congress to make laws

U.S. Constitution sets for the framework of the Supreme Court and lower courts as the judicial body (justice system!)

Laws and regulations are to be in compliance with the U.S. Constitution (Constitutional)

U.S. Constitution is supreme and Supreme Court is highest judicial body

Summary The Constitution contains the framework of

government and separation of powers; framework for ensuring rights; U.S. Constitution is supreme

The purpose of the law: Helps to achieve justice in harmony in society Sets standards that govern conduct A means to settle disputes

Laws come from a variety of sources Constitution Statutes Court Decision Administrative Regulations