OVERVIEW OF LAW &
JUSTICE
WHAT IS “LAW?”

Definition
–

Set of rules and regulations by which
government regulates the conduct of
people w/in society.
Characteristics
–
Reflects societies moral, political,
economic, and social values.
SOURCES OF LAW

Constitution
–

Statutes
–

State legislatures of state enact statues
Case Law
–

Framework of government
Created by judicial branch
Administrative Regulations
–
Controlled by executive branch
LAWS AT FOUR LEVELS

Constitution = Federal
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–
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Fundamental law for country
We are all governed by Constitution
Supreme “law of the land”
Laws not valid if it conflicts with the
Constitution
LAWS AT FOUR LEVELS

Statutes = States
–
Enacted by elected representatives
(legislature).
–
Towns, cities, and counties have own
authority = Ordinances
LAWS AT FOUR LEVELS

Case Law = Courts
–
–
Determine if laws are unconstitutional
Make “opinions after trial ends
 Can create NEW law (Roe v. Wade)
 Doctor assisted suicide
LAWS AT FOUR LEVELS

Admin. Regulation
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–
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Created at Federal, State, and Local levels
Controlled by executive branch
Government bodies that carryout particular laws
 FAA, FDA, SEC, etc.
Regulations that are established by those
agencies that are forcible by law
 Have judicial power/hold hearings.
MAIN TYPES OF LAW

Civil Law
–
–
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
Wrong against an individual
Individual brings action
Contract, Auto, etc.
Criminal Law
–
–
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Wrong against society
Government brings action
Murder, Robbery, Rape, etc.
ANOTHER TYPE OF LAW

Business Law
–
–
Rules that apply to business situations and
transactions.
Very broad; both merchant and consumer
are involved (CIVIL)
AMENDMENTS



First
– Right to own religion,
speech, press,
peaceful assembly,
and right to petition
the government.
Second
– Right to bear arms.
Third
– No solider shall be
forced to live with you
during peace or war.


Fourth
– Protects you against
unreasonable searches
and seizures. No
warrants can be issued
w/o probable cause.
Fifth
– Right not to incriminate
yourself, cannot be tried
for the same offence
twice. Shall not be
deprived of life, liberty, or
property. Private property
cannot be taken w/o just
compensation.
AMENDMENTS



Sixth
– Right to a speedy trial by
an impartial jury with
witnesses in your favor and
to have assistance of
counsel in your defense.
Seventh
– You have the right to a trial.
Eighth
– Excessive bail or fines
cannot be required. No
cruel or unusual
punishments.


Ninth
– Rights of constitution
cannot be denied by
the people.
Tenth
– What ever is not
covered in
constitution or
prohibited by state is
reserved to people of
the state.
WHERE LAWS ORIGINATE

Legislative Branch
–

Executive Branch
–

Made up of Congress
 Senate
 House of Representative
President & Federal Agencies
Judicial Branch
–
–
Led by Supreme Court
Interprets the Constitution or the meaning
of law.