Law, Justice, & YouUnit 1

Types of Laws • Goals:

– Explain how constitutional, statutory, case, and administrative laws are created

– Explain how to resolve conflicts between constitutional , statutory, case, and administrative laws

– Describe the differences between criminal and civil, substantive and procedural, and business and other forms of law

• Laws are created at all three levels of government: federal, state, local

Constitutions • Document that sets forth the framework of a

government and its relationship to the people it governs

• You are governed by the – Constitution of the United States – Constitution of the state of California

• The Supreme Court of the U.S. is the final interpreter of the federal constitution.

• The California Supreme Court is the

final authority of the state constitution.

Constitutions

• Federal and state constitutions define and allocate certain powers into our society– Allocate powers

• Between the people and their government • Between state governments and the federal

government • Among the branches of the government

Constitutions

• Allocation of power between people and government

• Federal Constitution is the main instrument

• Bill of Rights – First ten amendments – Protects people from actions of their

government

Constitutions

• Allocation of power between federal and state governments

• Example with business and commerce: – The constitution gives the federal governnemt

the power to regulate both foreign and interstate commerce.

– Not intrastate commerce

Constitutions

• Allocation of power among the branches of government – Three branches of government:

• Executive • Legislative • Judicial • System of checks and balances

Statutes

• The federal Constitution created the Congress of the U.S.

• State constitutions created the state legislatures

• Both of composed of elected representatives of the people

• These legislatures enact laws called Statutes

Administrative Regulations • Federal, state, and local legislatures all

create administrative agencies – Governmental bodies formed to carry out

particular laws– Social Security Administration (federal) – California Department of Transportation ( state) – Zoning Commission ( local) – Usually controlled by the executive branch

of government that formed the agency

Administrative Regulations

• Legislative power – Authorized to create administrative laws – Rules and regulations

• Limited judicial power – Hearings – Make determinations of fact – Apply the law to particular cases

Cases

Trial ends, result appealed to higher court

Appeal based on legal rulings made by the lower court

When appellate court publishes opinion, it may state new rules to be used in deciding the case and others like it.

Cases

• Stare decisis– “ to adhere to decided cases” – Lower courts must follow established case

law in deciding similar cases – Generally doesn’t bind supreme courts– Seldom revoked

Conflicting Laws

• Constitutions and validity – The federal Constitution is the “supreme law

of the land” – Any federal, state, or local law is not valid if it

conflicts with the federal Constitution – Same within each state and state constitution – “Unconstitutional”

Conflicting Laws

• Statues and validity – Must be constitutional to be valid

• Administrative regulations and validity – Can be reviewed by courts to determine if

unconstitutional

Conflicting Laws

• Case law and validity – Courts are not the final authority – Statutes can be abolished or rewritten – Administrative agencies can revise

regulations if challenged – People, through votes for representatives,

have power to amend constitutions.

Criminal v. Civil Laws

• Civil Law – When the private legal rights of an individual

are violated – One person ahs a right to sue another person – Police do not take action in civil conflicts

Criminal v. Civil Laws

• Criminal Law – Crime: an offense against society

• Disrupts the stable environment that we depend on to make civilization work

• Government acts in the name of all people to investigate an alleged crime

• Conviction – Fine – Imprisonment – Execution ( in some states)

Criminal v. Civil Laws

• When a crime occurs, private rights of the victim are usually violated too – Violation may be a crime or civil offense – Civil law may apply – Victim may sue the wrongdoer

• I.E. – O.J Simpson, Michael Brown, Trayvon Martin, Sandra Bland, Oscar Grant, Rodney King

Procedural v. Substantive Laws

• Procedural Law – Deals with methods of enforcing legal rights

and duties • How and when police can make arrests • Trial methods • Stare decisis • Rules for determining the supremacy of conflicting

laws

Procedural v. Substantive Laws

• Two types of procedural law – Criminal procedure

• Defines the process for enforcing the law when someone is charged with a crime

– Civil procedure • Used when a civil law has been violated • Concerned only with private offenses • Police and public prosecutors generally don’t get

involved

Procedural v. Substantive Laws

• Substantive laws – Defines rights and duties – Concerned with all rules of conduct except

those involved with enforcement – Defines offenses

• Murder • Theft • Vehicular homicide • Etc,

Business Law

• Covers rules that apply to business situations and transactions – Mostly Civil Law

• Contracts • Torts – private wrongs ( civil offenses) against

people or organizations • Uniform Commercial Code (UCC)