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Section 1.2
Sources of Law

Section 1.2 Sources of Law

What Youll 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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Section 1.2 Sources of Law

What Youll 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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Section 1.2 Sources of Law

What Youll Learn
How the government makes administrative
regulations (p. 21)

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Section 1.2 Sources of Law

Why Its 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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Section 1.2 Sources of Law

Legal Terms
federal statutes (p. 18)
legislature (p. 19)
unconstitutional (p. 19)
administrative law (p. 21)

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Section Outline
The Five Main Sources of U.S. Law
Constitutional Law
Common Law
Statutory Law
Court Decisions
Administrative Regulations

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Section 1.2 Sources of Law

Pre-Learning Question
Why are there different sources of
law?

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Section 1.2 Sources of Law

The Five Main Sources

of U.S. Law
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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Section 1.2 Sources of Law

The Five Main Sources

of U.S. Law
statutory law
court decisions
administrative regulations

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Section 1.2 Sources of Law

Constitutional Law
A countrys 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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Section 1.2 Sources of Law

The U. S. Constitution
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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The U. S. Constitution
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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1.2
Section
1.2 Sources of Law

The Articles of the Constitution

of the United States, in order to form

Article I.
Article II.
Article III.
Article IV.
Article V.
Article VI.
Article VII.

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The Legislative Branch

The Executive Branch
The Judicial Branch
Relations Among States
The Amending Process
National Supremacy
The Ratification of the
Constitution
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Section 1.2 Sources of Law

Common Law
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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Common Law
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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Precedent
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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ANSWER
27

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Statutory Law
Statutes are laws specifically passed
by a governing body, such as the U.S.
Congress, state legislatures, and city
councils.

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Section 1.2 Sources of Law

Statutory Law
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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Section 1.2 Sources of Law

Statutory Law
Federal statutes are laws passed
by Congress and signed by the
president.
State statues are laws passed by a
states own legislature, or body of
lawmakers.
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Statutory Law
Federal and state statutes cannot
conflict with the U.S. Constitution, or
they may be ruled unconstitutional,
or invalid.

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Court Decisions
Courts make laws in three ways:
1. through common-law tradition
2. by interpreting statutes
3. by judicial review

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Section 1.2 Sources of Law

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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ANSWER
Statutory law

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Section 1.2 Sources of Law

Administrative Regulations
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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Section 1.2 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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Section 1.2 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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Section 1.2 Assessment

Reviewing What You Learned

2. What are the components of
common law?

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Section 1.2 Assessment

Reviewing What You Learned

Answer
Based upon previous court decisions

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3. What are the purposes of statutory
law?

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Section 1.2 Assessment

Reviewing What You Learned

Answer
To order people to do something or prohibit
people from doing things.

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Section 1.2 Assessment

Reviewing What You Learned

4. How do the courts make laws?

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Section 1.2 Assessment

Reviewing What You Learned

Answer
Using common law, statutory interpretation,
and judicial review.

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Section 1.2 Sources of Law

Section 1.2 Assessment

Reviewing What You Learned

5. How does the government make
administrative regulations?

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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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Section 1.2 Sources of Law

Section 1.2 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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Section 1.2 Sources of Law

Section 1.2 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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Section 1.2 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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Section 1.2 Sources of Law

Section 1.2
1.1 Assessment
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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