DID YOU KNOW… It is illegal to intentionally burp in

church in Nevada.(Section 201.270 Disturbing Religious Meetings)

Training a bear to wrestle is a felony in Alabama, and you lose the bear.(Section 13A-12-5 Unlawful Bear Exploitation)

In Tennessee it is illegal to hunt birds from an airplane.(Section 70-4-109 Hunting from Aircraft, Watercraft or Motor Vehicles Unlawful)

FOUNDATIONS OF A LEGAL SYSTEM

Business Law

TODAY’S OBJECTIVES

Consider the evolution / history of law.

Explain the need for laws. Compare the different sources of law.

WHAT IS LAW?

Laws are enforceable rules of conduct in a society which reflect the culture and circumstances of the time.

Laws may be grouped into an organized form or document called a code.

NEED FOR LAWS Law clarifies

acceptable and unacceptable behavior according to the values relevant to that country.

Law has the power to punish people for acting inappropriately.

HISTORY OF LAW Hammurabi Law Code

4,000 years old Sections on criminal, property,

family, and labor law Roman Civil Law

Emperor Justinian I of the 6th century collected all laws created by previous emperors

English Common Law Model for law systems worldwide 49 of 50 states adhere to English

Common Law standards

SOURCES OF LAW Common Law Statutory Law

Administrative Law

Case Law Constitutional Law

COMMON LAW Set of laws made by courts

which provide a series of consistent rules that later courts must follow

Courts follow precedent – they use prior cases as a guide for deciding similar cases.

Common law traces back to the early days of England’s history…

In the early days of England’s history, the king tried to centralize the English court system. Judges traveled around

the country deciding cases.

Because there was no written law, judges made decisions based on the

customs and traditions of the people. Judges shared their decisions with one another so that the same laws would be applied everywhere in the country.

This practice formed the basis of common law.

STATUTORY LAW (CIVIL LAW) A statute is a law passed by a

government body (legislature) that has been made for the purpose of creating laws.

A statute declares law on an issue and orders people to do (or not do) something.

Example: People must pay taxes & wear seatbelts … murder is a crime …

The origin of civil law (statutory law) can be traced back to the Roman Empire during the 6th

century when Emperor Justinian I called for the collection of all the different laws created by previous

Roman emperors.

This is the basis of the civil law system that is prevalent in Europe

and the state of Louisiana.

DID YOU KNOW…

You may not pee in your back yard in San Luis Obispo, California… unless you have a good high fence. (Section 9.20.050 Urination in Public)

In Galveston, Texas, playing frisbee on a beach is illegal. (Section 8-18. Playing ball, etc., on beach)

By Alaskan law, the entire state rarely has emergencies. (Section 44.62.270 State policy)

FOUNDATIONS OF A LEGAL SYSTEM(CONTINUED)

TODAY’S OBJECTIVES

Describe the executive, legislative, and judicial branches of the legal system.

Compare the different sources of law.

ADMINISTRATIVE LAW Body of rules created by

government agencies

Legislatures (statutory law) do not have knowledge in every field, nor do they have time to oversee all activities.

Legislatures give the power to regulate certain activities to administrative agencies.

ADMINISTRATIVE AGENCIES Departments of the

government that are formed to carry out certain laws

Able to make & enforce rules directly related to their assigned area of responsibility

Example: Federal Communications Commission (FCC)

CASE LAW Also known as court-made law,

court decisions, or judge-made law

Courts make laws in three ways… Common law tradition Interpreting statutes Judicial review

COURTS CREATE LAWS Decisions made by

the highest court of a state are the law of that state

Precedence must be followed by other courts in the state

Decisions continue to be law until they are changed by statute or a new court decision

COURTS INTERPRET LAWS Courts may be

required to interpret statutes.

When a statute is confusing, the court must figure out what the statute means.

A judge can only interpret a statute if it is part of a case.

COURTS HAVE JUDICIAL REVIEW

Courts can decide if laws conflict with the Constitution.

The Supreme Court of the United States has the last word on whether a statute conflicts with the Constitution.

CONSTITUTIONAL LAW

A constitution is a country’s formal document that spells out the principles by which its government operates.

In our country, the most basic law is the U.S. Constitution.

THE U.S. CONSTITUTION… Describes the three branches

of the government and their roles

Outlines a system of checks and balances between the three branches

Sets up the limits within which the federal and state governments may pass laws

Sets down the rights of the people

The United States Government

THE THREE BRANCHES OF GOVERNMENT

LEGISLATIVE Congress (House of

Reps. & Senate) Makes law

EXECUTIVE President & Vice

President Administers / enforces

law JUDICIAL

Supreme Court Interprets law