The Five Main Sources of U.S. LawThe Five Main Sources of U.S. Law

Learning GoalLearning Goal

To recognize the 5 main To recognize the 5 main

sources of U.S. Lawsources of U.S. Law

What is Law???What is Law???

LawLaw::

The rules of conduct established The rules of conduct established

by government of a society to by government of a society to

maintain stability and justice.maintain stability and justice.

The 5 Main Sources of U.S. LawThe 5 Main Sources of U.S. Law

1.1. Constitutional Law Constitutional Law (Federal and State)(Federal and State)

2.2. Common LawCommon Law

3.3. Statutory LawStatutory Law

4.4. Court DecisionsCourt Decisions

5.5. Administrative RegulationsAdministrative Regulations

#1: Constitutional Law#1: Constitutional Law

The U.S. Constitution:The U.S. Constitution:1.1. Is the most fundamental law in our Country. Is the most fundamental law in our Country.

2.2. Spells out the principles by which the Spells out the principles by which the government operates.government operates.

3.3. Sets forth the fundamental rights of citizens.Sets forth the fundamental rights of citizens.

4.4. Defines the limits of the federal and state Defines the limits of the federal and state governments for passing laws.governments for passing laws.

5.5. Describes the functions of the various Describes the functions of the various branches and divisions of the national branches and divisions of the national government.government.

#2: Common Law#2: Common Law

In the early days of colonization, states In the early days of colonization, states adopted the English Common Law.adopted the English Common Law.

• Judges or “Magistrates” traveled the Judges or “Magistrates” traveled the

countryside deciding cases on local customs countryside deciding cases on local customs

and traditions.and traditions.

• Judges shared their decisions with other Judges shared their decisions with other Judges, and this became the basis for Judges, and this became the basis for “Common Law.”“Common Law.”

Eventually, decisions were written down Eventually, decisions were written down and a body of cases was developed.and a body of cases was developed.

• PrecedentPrecedent – A Judge is – A Judge is requiredrequired to follow to follow an earlier court decision when deciding a an earlier court decision when deciding a case with similar circumstances.case with similar circumstances.

– Stare DecisisStare Decisis – “Let the decision stand” – “Let the decision stand”

. . . Common Law. . . Common Law

• Common Law began to erode with the passing of new laws and statutes.

• Parts of Common Law still exist in our Law.

– Except for Louisiana!

• French Common Law

. . . Common Law. . . Common Law

#3: Statutory Law#3: Statutory Law

StatutesStatutes – Laws specifically passed – Laws specifically passed by a governing body that has been by a governing body that has been created for the purpose of making created for the purpose of making laws.laws.

Includes all laws passed by Congress, State Legislatures, Local City Councils or

Town Meetings.

#4: Court Decisions#4: Court Decisions

Courts make law in 3 ways:Courts make law in 3 ways:1. Through Common Law – state court

decisions become law, and other courts in the state must follow

– Unless altered by a statute.

– Possible to change the precedent

2. By Interpreting Statutes – A judge can interpret an unclear statute, only if the judge is involved in a related lawsuit.

3. By Judicial Review – Supreme Court can declare laws Unconstitutional.

Organizations created by Federal, Local, Organizations created by Federal, Local, and State Legislatures for regulating and State Legislatures for regulating

individual activities.individual activities.

• Saves the Legislatures time

• Provides an organization with expert knowledge to govern a specific field

• Can be ended at any time by the Legislature.– Example = Federal Communications

Commission (FCC)

#5: Administrative Regulations#5: Administrative Regulations

Learning GoalLearning Goal

To recognize the 5 Main To recognize the 5 Main Sources of U.S. LawSources of U.S. Law