Chapter 1 Introduction to Law August 27th 2014 1 2 Sources of Law Learning Objectives government Social Customs and Law Differentiate between social customs and law Become familiar with primary sources of law in the United States Understand the difference between different categories of law Understand the relationship between state and federal systems of Classifications of Law Classifications of Law 1 Criminal 2 Civil public 3 Civil private 4 Civil private 5 Criminal public 1 Civil Public smokers would challenge the smoking ban 2 Private homeowners could bring the action Civil 3 Civil Public shipping companies would bring action 4 Civil Public anyone who is violated by the domain search and seizure 5 Civil Public anyone who was violated 1 Procedural 2 Substantive 3 Procedural 4 Substantive Primary and Secondary Sources of Law Primary Sources of Law Actual laws o Constitutions statues rules and regulations and judicial opinions Secondary Sources of Law Interpretations of law o Restatements of law law review and journal articles uniform codes court decisions and treatises Treatise Exposition or summary of an area or body of law Uniform Commercial Code UCC Model statue that seeks to provide uniformity to contracts law among the different states U S Constitution Supreme law of the land o Created the structure of the U S federal government consisting of three branches Legislative executive and judicial o Bill of Rights First ten amendments to the U S Constitution Powers not expressly granted to the federal government are reserved to the states Preserves individual civil rights and liberties State Constitution Each state has its own constitution Serves the same function for state government as the U S Constitution serves for the federal government State laws differ from each other and does not conflict with federal laws Federalism Dual systems of government present in the United States o Governance structure whereby the federal government and the state governments coexist through a shared power scheme Legislative Branch Statutory Law Created by legislative bodies Bicameral Legislature of two bodies U S Congress Legislative body at the federal level o Composed of Senate and House of Representatives Each state has its own legislature Sources of Law Common Law Judge made law o Feature of most countries previously colonized by Great Britain Civil Law Jurisdiction in which only the legislature creates law o Jurisdiction Area where power may be exercised o Followed in Europe Stare Decisis Principle that courts should follow precedents o Precedent Existing interpretation of law based on prior decisions Police Power General power of states to regulate for the health safety and general welfare of the public Vice Laws Targeted at regulating or prohibiting vice activities or businesses engaged in vice activities Rules or Regulations created by administrative agencies and have the force of law Enabling Legislation Statues created by Congress to create individual administrative agencies
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