Sources
of
Law
Chapter 1.2
Sources of Law
5 main sources of law are:
•Federal & state constitutions
•English Common Law
•Statutes
•Court decisions
•Administrative Law
Sources of Law
Constitution
A country’s document which spells out
the principles by which the government
operates.
The U.S. Constitution has 3 main parts:
•The Preamble
•The Articles
•Amendments
Sources of Law
Constitution
A country’s document which spells out
the principles by which the government
operates.
The U.S. Constitution has 3 main parts:
•The Preamble
•The Articles
•Amendments
Sources of Law
ARTICLE I
Legislative Branch
Makes Laws
ARTICLE II
Executive Branch
Enforces Laws
ARTICLE III
Judicial Branch
Interprets Laws
ARTICLE IV
States Rights
ARTICLES V-VII
Outline the Amendment process,
National Supremacy & Ratification
Sources of Law
Source #2
English Common Law
Developed by Kings to centralize English
government and used since 1189.
Judges traveled the country judging
decisions based on local customs
Judges shared decisions with other judges
to make rulings “in common” with each
other
Used in all states except Louisiana
Precedent - Doctrine stating that a judge is
required to follow an earlier court decision
when deciding a case with similar
Sources of Law
Source #2
English Common Law
What forms of precedent do your parents
enforce at home?
Is precedent fair?
Precedent - Doctrine stating that a judge is
required to follow an earlier court decision
when deciding a case with similar
Sources of Law
Source #3
Statutes
Statute - laws specifically passed by a
governing body
-Can order people to do something
-Ex: Pay taxes
-Can prevent people from doing something
-Ex: Discrimination
Federal Statutes - laws passed by the U.S.
Congress
State Statutes - Laws passed by state
governments (State Congress, Assembly,etc)
Sources of Law
Source #3
Statutes
Remember: The Supreme Court can declare
any statute that violates the Constitution as
Unconstitutional!
Unconstitutional - invalid; against the
Constitution
See Handout
Sources of Law
Source #4
Court Decisions
Court Law is sometimes called case law.
Courts make laws in 3 ways:
-Common law tradition
-By interpreting statues (laws)
-- By judicial review
A judge cannot interpret a statute unless
that statute is involved in a dispute between
2 parties in a lawsuit before them.
The Supreme Court has final authority
regarding the constitutionality of all laws.
Sources of Law
Source #5
Administrative Law
A power given by the Legislative Branch to an
administrative agency with knowledge over
certain fields of business or departments.
Also called Regulatory agencies
-Ex: FCC (Federal Communications Commission)
-Ex: FBI (Fed. Bureau of Investigations
-Ex: EPA (Environmental Protection Agency)
-EX: FDA (Food & Drug Administration)
-Ex: Homeland Security Department
Checks & Balances still exist!!