Chapter 1
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Section 1.2
Sources of Law

Section 1.2
Sources of Law
What You’ll Learn
How to recognize the various parts of the
U.S. Constitution (p. 14)
How to explain the components of common law (p. 17)
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What You’ll Learn
How to explain the purposes of statutory law (p. 18)
How to identify the various ways that courts make law (p. 20)
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Sources of Law
What You’ll Learn
How the government makes administrative regulations (p. 21)
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Why It’s Important
Learning how the law is made will help you make decisions regarding your legal responsibilities.
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Legal Terms constitution (p. 14) common law (p. 17) precedent (p. 17) statutes (p. 18)
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Legal Terms federal statutes (p. 18) legislature (p. 19) unconstitutional (p. 19) administrative law (p. 21)
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The Five Main Sources of U.S. Law
Constitutional Law
Common Law
Statutory Law
Court Decisions
Administrative Regulations
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Why are there different sources of law?
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Although the five main sources of law may seem different, they all pertain to the law in some way.
constitutional law common law
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statutory law court decisions administrative regulations
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A country’s constitution spells out the principles by which the government operates.
In our country, the most fundamental law is the U.S.
Constitution
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sets forth the fundamental rights of citizens defines the limits within which the federal and state governments may pass laws describes the functions of different branches and divisions of our national government
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consists of seven articles and 27 amendments the articles establish the national government the amendments outline the rights of the people
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Sources of Law
of the United States, in order to form…
Article I.
The Legislative Branch
Article II.
The Executive Branch
Article III.
The Judicial Branch
Article IV.
Relations Among States
Article V.
The Amending Process
Article VI.
National Supremacy
Article VII.
The Ratification of the
Constitution
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In the early days of English history, judges traveled in circuits around
England deciding cases.
Because there was no written law, judges made decisions based on customs and traditions.
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Judges shared their decisions with other judges.
They tried to share the same law “in common” with everyone else throughout the country.
This practice formed the basis of common law .
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Common law led to the doctrine of precedent , which means a judge is required to follow an earlier court decision when deciding a case with similar circumstances.
Stare decisis means “let the decision stand.”
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How many amendments are there to the U.S. Constitution?
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27
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Statutes are laws specifically passed by a governing body, such as the U.S.
Congress, state legislatures, and city councils.
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A statute may order people to do something, such as pay taxes or sign up for the military draft.
Or a statute may forbid people from doing something, such as discriminating in employment.
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Federal statutes are laws passed by Congress and signed by the president.
State statues are laws passed by a state’s own legislature , or body of lawmakers.
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Federal and state statutes cannot conflict with the U.S. Constitution, or they may be ruled unconstitutional , or invalid.
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Courts make laws in three ways:
1.
through common-law tradition
2.
by interpreting statutes
3.
by judicial review
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Sunflower City passed an ordinance that requires all commercial signage to incorporate a sunflower into the design. What is the source of this law?
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Statutory law
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Legislatures often give the power to regulate a particular kind of activity to an administrative, or regulatory, agency.
Administrative law consists of those rules and procedures established by regulatory agencies.
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Sources of Law
Section 1.2
Assessment
Reviewing What You Learned
1.
What are the various parts of the
U.S. Constitution?
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Assessment
Reviewing What You Learned
Answer
Articles, which establish the national government, and amendments, which outline the rights of the people.
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Assessment
Reviewing What You Learned
2.
What are the components of common law?
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Assessment
Reviewing What You Learned
Answer
Based upon previous court decisions
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Assessment
Reviewing What You Learned
3.
What are the purposes of statutory law?
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Assessment
Reviewing What You Learned
Answer
To order people to do something or prohibit people from doing things.
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Assessment
Reviewing What You Learned
4.
How do the courts make laws?
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Assessment
Reviewing What You Learned
Answer
Using common law, statutory interpretation, and judicial review.
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Section 1.2
Assessment
Reviewing What You Learned
5.
How does the government make administrative regulations?
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Sources of Law
Section 1.2
Assessment
Reviewing What You Learned
Answer
Through the use of administrative agencies.
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Section 1.2 Assessment
Critical Thinking Activity
Sources of Law
Why is it important to be able to distinguish between the U.S. Constitution and statutory law?
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Assessment
Critical Thinking Activity Answer
Sources of Law
Answers will vary, but understanding the source of a law may help you understand the reason for the law itself.
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Assessment
Legal Skills in Action
The Articles of Confederation
The U.S. Constitution is not the original governing document for the United States.
At one time, the national government was organized and operated under the Articles of Confederation.
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Assessment
Legal Skills in Action
The Articles of Confederation
The Articles lasted only a decade, however.
With a partner, conduct a research project to uncover the weaknesses of the Articles of
Confederation.
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Sources of Law
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Assessment
Legal Skills in Action Answer
The Articles of Confederation
Reports will vary but should cite sources to support their findings.
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Chapter 1
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Sources of Law