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Foundations of Law; Local
State and Federal Law
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The LAW

According to Urban Dictionary
 “Things that are meant to be broken.”
 “Another name for the cops.”
 “A code of conduct to which everyone is held accountable
but nobody is expected to understand in the first place,
which is furthermore created by the same class of people
who charge an arm and a leg to interpret it whenever it
must be applied.”
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The LAW

A more official definition: “the system of rules that a
particular country or community recognizes as regulating the
actions of its members and may enforce by the imposition of
penalties.”
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You’ll be practicing jurisprudence in this class, or the study
of law (Rome)
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Purposes of Laws
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Keep order
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Provide punishment
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Settles disagreements
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Protects our rights
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Promotes welfare
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History of United States Law


Most of it comes from English Common Law.

These were based on precedents (earlier rulings/decisions)
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As people came to the Americas, they brought with them a system
of laws that had already been in place.
The first attempt at a direct democracy was with the
Pilgrims and their creation of the Mayflower Compact.
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The first attempt at a representative democracy (republic)
was in Virginia with its House of Burgesses
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Direct democracy – all people have a say in gov’t and laws
Republic – people elect representatives to make laws on their
behalf
Today, the US is considered a representative gov’t, or
republic
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US Government Influence
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The US borrowed ideas from older documents when creating
their government:
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Magna Carta: used to limit the power of the British King in 1215.
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English Bill of Rights: passed by Parliament to protect the
people.
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Ideas adopted by the US gov’t:
 Trial by jury (6th Am)
 Innocent until proven guilty
 Guarantee of justice
 All citizens must follow the same laws and by punished the same
way
No cruel and unusual punishment (8th Am)
Freedom of speech (1st Am)
England’s design of Parliament was also adopted when creating
Congress.
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US Government Influence
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Influenced throughout history with many ideas from
Enlightenment philosophers.
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Declaration of Independence
 Written by Thomas Jefferson, used ideas from John Locke
(natural rights) and Montesquieu (separation of
powers)
 Includes the Social Contract Theory – people giving up
some freedoms and rights in exchange for protection
from the gov’t; if this doesn’t happen, people have the
right to abolish them.
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Articles of Confederation (AOC)
 1st attempt at government for the US, but it sucked.
 Couldn’t tax, no President, no national military, no nat’l
court system, states had too much power
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Constitution

US Constitution
 Corrected mistakes from the Articles
 Includes a Preamble, stating 6 goals for our nation
 7 Articles
 Legislative Branch (Congress)
 Executive Branch (President)
 Judicial Branch (Supreme Court)
 Relationships Amongst States
 Amending Process
 National Supremacy Clause
 Ratification Process
 27 Amendments – Oh, you’ll learn all of these.
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Ideal Characteristics of Laws
Legal scholars identify five features that all “good” criminal
laws ideally ought to possess:
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Politicality: only violations of rules made by the political
jurisdiction that enacted the laws are crimes.
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Specificity: Criminal law should provide strict definitions of
specific acts.
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Regularity: The applicability of the criminal law to all persons.
Ideally, anyone who commits a crime is answerable for it.
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Uniformity: Ideally, the law should be administered without
regard for the social status of the persons who have committed
crimes or are accused of committing crimes.
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Penal Sanction: The principle that violators will be punished, or
at least threatened with punishment, by the state.
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How a Bill becomes a Law …
1.
Bill is proposed.
2.
Bill is introduced.
3.
Bill goes to committee.
4.
Bill is debated.
5.
Bill is voted on.
6.
Bill is sent to next house.
7.
Bill is sent to the President.
+ Who represents me in the US
Senate?
Richard Burr (Rep) 2005
Thom Tillis (Rep) - 2015
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Who
represents
me in the
US House of
Representatives?
Renee Ellmers (Rep) 2011
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North Carolina Law
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NC General Assembly is responsible for making and passing
statutory laws in North Carolina
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Statutory laws are laws passed by any legislative body (federal,
state, or local)
Located in Raleigh
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120 members in their House of Reps; 50 Senate members
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They don’t get paid much, but their position in the General
Assembly is usually a part time job anyways.
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NC General Assembly – Who
Represents Holly Springs?
State Rep. Paul Stam
Republican
Attorney
State Senator Tamara Barringer
Republican
Asst. Clinical Prof. of Legal Studies
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Strange NC bills/laws
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Bill H858 – George Washington Bill
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Placing a portrait of George Washington in every school. Cost is
is $1mil and funds would be used from the state lottery.
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The opossum bill
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Potential law that It would suspend wildlife laws from protecting
opossums from Dec. 29 to Jan. 2 every year.
From dumblaws.com:
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It is a felony to steal more than $1000 of grease
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Elephants may not be used to plow cotton fields.
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It’s against the law to sing off key.
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Serving alcohol at a bingo game is not allowed.
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All couples staying overnight in a hotel must have a room with double
beds that are at least two feet apart.
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Holly Springs Local Government
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Holly Springs has a council-manager form of government.
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5 board members on the town council, plus the mayor (primary
spokesman of the town) and a city manager (runs the day-to-day
operations of the town).
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Mayor – Dick Sears (since 2001)
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Town Council – James Cobb, Cheri Lee,
Tim Sack, Hank Dickson,
Linda Hunt Williams
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Town Manager – Charles Simmons
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Holly Springs Local Ordinances
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You can’t maintain, keep, house, possess, or have under their
control within the town any swine, any venomous reptile or any
other wild or exotic animal.
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“Fighting Words” Ordinance – No loud, profane, vulgar or
boisterous language likely to cause an immediate breach of the
peace upon the streets, sidewalks, alleys or other public places
of the town.
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You can’t beg on any street or in any public building unless you
get a permit.
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You can’t smoke in any town park, park property, greenway, or
any area held for public recreation in the town.
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You can’t assemble on a sidewalk or street where you would be
obstructing the free flow of traffic, and MUST move if an officer
asks you to do so.
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There is no curfew unless Holly Springs declares one because of
a prior disturbance. “Nighttime” is considered to be from 11-7
and applies when discussing laws about disturbing the peace at
night (i.e. parties).
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Supreme Court Cases to Know
Chart Will Be Provided
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New Jersey v. TLO
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Grutter v. Bollinger
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Ingraham v. Wright
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Kent v US
West Side Community Schools
v. Mergens
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Vernonia Schools v. Acton
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Arizona v. Gant
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Mapp v. Ohio
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Bethel v. Fraser
Roper v. Simmons
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Supreme Court Cases Assignment
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In groups of 3 to 4, you will complete the following tasks for
your assigned Supreme Court Case:
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1. Create a short skit using at least 1 prop that illustrates what
happened prior to the case going to court. ALL MEMBERS MUST
BE INVOLVED.
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2. Research and answer the following questions about your case.
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What was the issue? What amendment was involved?
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What was the background of the case?
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What did the Supreme Court rule?
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What impact did the decision leave?
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What is your opinion? Do you agree or disagree? Why?
After your skit, ALL MEMBERS should be prepared to answer
questions about the case.