Sources of American Law
Key Terms
law, constitutional law, statute, ordinance, statutory
law, administrative law, common law, equity, due
process, substantive due process, procedural due
process, adversary system, presumed innocence
Find Out
• What are the four major sources of law in the
United States?
• How do the key principles of the legal system
provide justice for citizens?
Sources of American Law
Understanding Concepts
Civic Participation Why is understanding the law
an important civic responsibility?
Section Objective
Discuss the major foundations and principles of the
American legal system.
Justice in the United States is said to be
blind. Why? Because in the U.S. legal
system, the courts view everyone in the
same way. Cartoons often show justice as
a young, blindfolded woman who holds an
equally balanced scale to weigh evidence.
I. Early Systems of Law (pages 423–424)
A. The Code of Hammurabi is a collection of
laws assembled by Hammurabi, king of
Babylon from 1792 to 1750 B.C.
B. The Ten Commandments are rules found in
the Old Testament of the Bible, the source of
law for people of several major religions.
I. Early Systems of Law (pages 423–424)
What was the Code of Hammurabi made
up of?
The code was made up of 282 legal cases
that spelled out relationships among
individuals as well as punishments in areas
that are now considered property law, family
law, civil law, and criminal law.
II. Our Legal Heritage (pages 424–426)
A. Constitutional Law:
1.
is the fundamental source of U.S. law;
is the supreme law of the land; applies
to everyone.
2.
follows from state constitutions (adopted
1776 to 1780); decides the limits of
government’s power and the rights of the
individual; may deal with either criminal
or civil law.
II. Our Legal Heritage (pages 424–426)
B. Statutory Law:
1.
is written by a legislative branch
of government;
2.
limits people’s behavior but also grants
rights and benefits;
3.
comprises many federal court decisions
and about one-fifth of all Supreme
Court cases;
4.
is sometimes called Roman law, since
like laws of ancient Rome, statutory law
is written down so that all may know
the law.
II. Our Legal Heritage (pages 424–426)
C. Administrative Law:
1.
spells out the authority and procedures
to be followed by federal agencies;
2.
sets rules and regulations issued by
those agencies.
D. The Common Law:
1.
is the most important basis of the legal
system; is made by judges in the
process of settling individual cases;
began in England and then spread to
the colonies.
2.
is the basis for state constitutions and
the U.S. Constitution.
II. Our Legal Heritage (pages 424–426)
Except in Louisiana, where legal procedures
are based on the Napoleonic Code, most
states still follow common law. Why did
common law become a part of the American
system of laws?
English colonists brought common law with
them to America.
III. Legal System Principles (pages 427–428)
A. Equal justice under the law refers to the goal
of the American court system to treat all
persons alike and grant them the full
protection of the law.
B. Due process of law guarantees constitutional
rights and requires that persons be informed
of pending government legal action and then
given the right to respond or be heard.
III. Legal System Principles (pages 427–428)
C. The adversary system in American courts
allows lawyers for opposing sides to present
their strongest cases.
D. Presumption of innocence means persons
accused of crimes are presumed innocent
until proven guilty; the burden of proof falls on
the prosecution.
III. Legal System Principles (pages 427–428)
Which of the four principles that underlie the
operation of the American legal system do
you think is the most important?
Answers will vary among equal justice, due
process, adversary system, and presumption
of innocence.
Checking for Understanding
1. Main Idea In a graphic organizer, identify the
major sources of American law and the key
principles of the American legal system.
Sources: United States Constitution, statutory
law, administrative law, common law;
principles: rule of law, equal justice under the
law, due process, adversary system,
presumed innocence.
Checking for Understanding
Match the term with the correct definition.
___
E law
___
D statute
___
F ordinance
___
A equity
A. a system of rules by which
disputes are resolved on the
grounds of fairness
B. law made by the judges in the
process of individual cases
___
C adversary
system
C. a judicial system in which
opposing lawyers present their
strongest cases
___
B common law
D. a law written by a legislative
branch
E. set of rules and standards by
which a society governs itself
F. a law
Checking for Understanding
3. Identify Code of Hammurabi, Justinian Code,
precedent, “equal justice under the law.”
The Code of Hammurabi was a collection of
laws assembled by Hammurabi, king of Babylon.
The Justinian Code was the Roman legal code
organized by the Roman emperor Justinian.
A precedent is a model on which to base later
decisions or actions.
“Equal justice under the law” refers to the goal
of the American court system to treat all persons
equally.
Critical Thinking
4. Identifying Alternatives Permitting rental
agencies to refuse to rent apartments to
families with children would violate what kind
of due process?
As an unreasonable regulation, it would violate
substantive due process.
Civic Participation Laws affect nearly
everything people do. Laws change to meet
the needs of the times. Work with a partner
to either brainstorm new laws or identify
laws that should be repealed. Create and
present a skit showing a situation that
requires a new law to be established or an
existing law to be repealed.