The Law and the Courts
Section 1.1
The Foundations of Law
Section 1.1 The Foundations of Law
Morality refers to a society’s values and +
Ethics refers to the rules used to determine the difference
between +
What Does Ethics Come From?
• The Greatest Good - If the action will cause the greatest
good for the +
• The Golden Rule - Do unto others as you would have +
• Real-World Ethics – Says that there are moral rules that
most people know +
Section 1.1 The Foundations of Law
People do not always behave morally or ethically, so we
need law.
Law is a system of rules established by a government
according to the values of society and +
Section 1.1 The Foundations of Law
There are five main sources of law:
constitutional law
common law
statutory law
court decisions
administrative law
Section 1.1 The Foundations of Law
Constitutional Law
Constitutional law is the set of laws created by a country’s
constitution. A constitution is a formal document that lays
out the basic principles +.
The constitution of the United states
Describes the three branches of the U.S. Government
and their roles +
Sets up the limits within which the federal and state +
The Constitution also sets down the rights of the people
Article 1 2 3
Article 1 legislative branch (+) responsible for passing
laws
Article 2 executive branch (+) responsible for enforcing
the laws
Article 3 judiciary branch(+) responsible for interpreting
law
Section 1.1 The Foundations of Law
Common Law
Common law is the set of laws created over time through
customs and judgments by courts, which later courts must
follow.
Where does common law come from? +
Section 1.1 The Foundations of Law
Statutory Law
Statutory law is the set of laws created by a governing
body, called a legislature, whose purpose is to pass new
laws.
Statute - is a law passed +
Where does statute law come from? +
How laws are made
Federal Statutes – laws passed by congress and signed
by the president
Commerce Clause – congress has the power to make
laws pertaining to interstate commerce
State statutes – passed by legislature and signed by the
governor
Ordinances – +
Section 1.1 The Foundations of Law
Court Decisions (+)
Courts make laws in three ways:
through the
common law
tradition
by interpreting
statutes
through judicial
review, or
deciding
whether some
laws conflict
with the
Constitution
Section 1.1 The Foundations of Law
Administrative Law
Administrative law is the set of laws created by
government agencies. For example, the Federal Trade
Commission has the power to make rules regulating
business. (+)