CHAPTER 1

Section 2

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

local Each level consists of constitutions, statutes,

administrative regulations, and case law.

A document that sets forth the framework of a government and its relationship to the people it governs.

Constitutional law is made when constitutions are adopted or amended.

U.S. and state constitutions govern US

U.S. Supreme Court final interpreter - federal

State Supreme Court final interpreter - state

Federal and state constitutions are concerned primarily with defining and allocating powers in our society.

Allocation of power between people and government

Allocation of power between federal and state governments

Allocation of power among the branches of the government

Federal constitutions – Congress State constitutions – state legislature

State/federal legislatures

▪ Composed of elected representatives

▪ Enact laws called STATUTES ▪ i.e. Congress requires cigarette makers provide a warning label

▪ States delegate some legislative authority to local govt. ▪ Created by town or city council or by a county board

▪ This type of legislation is called an ORDINANCE

ADMINISTRATIVE AGENCIES are governmental bodies formed to carry out particular laws or rules and regulations.

Social Security Administration

Division of Motor Vehicle

County’s Zoning Commission

Case law – created by judicial branch

Usually made AFTER a trial has ended and a party has appealed

Appellate court published opinion on case and new rules to be used in deciding cases

▪ STARE DECISIS

▪ To adhere to decided cases

▪ Lower courts must follow established case law in deciding similar cases.

Constitutions & Validity U.S. Constitution: Any laws (federal, state, or local) are not valid if

they conflict with the Federal Constitution. State Constitution: State Constitutional laws are superior to any

other state laws. Unconstitutional: A law that is invalid b/c it conflicts with a

constitution.

Statutes (Ordinances) & Validity Must be constitutional to be valid. Must not exceed the powers delegated to

local governments by the states. Courts determine: The constitutionality of statutes &

ordinances. Determine whether particular ordinances

exceed the scope or powers delegated.

Statutes (Ordinances) & Validity Example: #1: Illegal in a city to sell gas for more than

$1/gallon. Invalidated b/c it conflicts with the Fed.

Constitution – gives power to regulate commerce through the Federal Gov’t.

#2: City makes the death penalty mandatory for persons who commit murder with the city limits.

Invalidated b/c only the state has the power to set penalties for murder.

Admin. Regulations & Validity Courts may also invalidate a rule or regulation

if it is outside the scope of powers delegated to the agency by the legislature that created it.

Case Law & Validity A legislative body has the power to nullify a

court’s interpretation of a statute or ordinance by abolishing or rewriting it.

The people (through votes for their representatives) have the power to amend constitutions if they disagree with the courts’ interpretations.

CRIMINAL LAW

Crime: Offense against society.

Acts that violate the peace of the citizens that live within a community.

Brought on and investigated by the govt.

Can also be brought on civil charges (tort).

CIVIL LAW

When the private legal rights of an individual are violated.

Refers to a group of laws that redress wrongs against individual persons

Applies whenever one person has the right to sue another person/entity.

Brought on an individual and entity.

PROCEDURAL LAW

Methods of enforcing legal rights & duties.

Laws that specify how and when police can make arrests and what methods can be used in a trial.

Determine whether equitable remedies are available.

ex. civil and procedural procedure

SUBSTANTIVE LAW

Defines rights and duties. Concerned with all rules

and conduct except those involved with enforcement.

Define offenses – murder, theft, vehicular homicide, breach of contract, and negligence.

Covers rules that apply to business situations and transactions.

Merchants and consumers Civil Law – contract Torts : Private wrongs against people or

organizations. Criminal Law: Violate Government or

regulatory laws. UCC: Uniform Commercial Code.

ASSIGNMENT

YOUR LEGAL VOCABULARY

Write the definition followed by the term.

Underline the term.

▪ For example, ▪ 1. Doctrine requiring lower courts to

adhere to existing case law in making decisions – stare decisis