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