INSERT BOOK COVER ART Sources of Law Section 1.2 Understanding Business and Personal Law Sources of Law Section 1.2 Ethics and 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) Understanding Business and Personal Law Sources of Law Section 1.2 Ethics and 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) Understanding Business and Personal Law Sources of Law Section 1.2 Ethics and Law What Youll Learn How the government makes administrative regulations (p. 21) Understanding Business and Personal Law Sources of Law Section 1.2 Ethics and Law Why Its Important Learning how the law is made will help you make decisions regarding your legal responsibilities. Understanding Business and Personal Law Sources of Law Section 1.2 Ethics and Law Legal Terms constitution (p. 14) common law (p. 17) precedent (p. 17) statutes (p. 18) Understanding Business and Personal Law Sources of Law Section 1.2 Ethics and Law Legal Terms federal statutes (p. 18) legislature (p. 19) unconstitutional (p. 19) administrative law (p. 21) Understanding Business and Personal Law Sources of Law Section 1.2 Ethics and Law The Five Main Sources of U.S. Law Constitutional Law Common Law Statutory Law Court Decisions Administrative Regulations Section Outline Understanding Business and Personal Law Sources of Law Section 1.2 Ethics and Law Pre-Learning Question Why are there different sources of law? Understanding Business and Personal Law Sources of Law Section 1.2 Ethics and 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 Understanding Business and Personal Law Sources of Law Section 1.2 Ethics and Law The Five Main Sources of U.S. Law statutory law
court decisions
administrative regulations Understanding Business and Personal Law Sources of Law Section 1.2 Ethics and 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 Understanding Business and Personal Law Sources of Law Section 1.2 Ethics and 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 Understanding Business and Personal Law Sources of Law Section 1.2 Ethics and Law 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 Understanding Business and Personal Law Sources of Law Section 1.2 Ethics and Law 1.2 The Articles of the Constitution of the United States, in order to form Article I. The Legislative Branch Article II. The Executive Branch Article III. The J udicial Branch Article IV. Relations Among States Article V. The Amending Process Article VI. National Supremacy Article VII. The Ratification of the Constitution Understanding Business and Personal Law Sources of Law Section 1.2 Ethics and 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. Understanding Business and Personal Law Sources of Law Section 1.2 Ethics and 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. Common Law Understanding Business and Personal Law Sources of Law Section 1.2 Ethics and Law 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. Precedent Understanding Business and Personal Law Sources of Law Section 1.2 Ethics and Law How many amendments are there to the U.S. Constitution? Understanding Business and Personal Law Sources of Law Section 1.2 Ethics and Law 27 ANSWER Understanding Business and Personal Law Sources of Law Section 1.2 Ethics and Law Statutes are laws specifically passed by a governing body, such as the U.S. Congress, state legislatures, and city councils. Statutory Law Understanding Business and Personal Law Sources of Law Section 1.2 Ethics and 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. Statutory Law Understanding Business and Personal Law Sources of Law Section 1.2 Ethics and 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. Statutory Law Understanding Business and Personal Law Sources of Law Section 1.2 Ethics and Law Federal and state statutes cannot conflict with the U.S. Constitution, or they may be ruled unconstitutional, or invalid. Statutory Law Understanding Business and Personal Law Sources of Law Section 1.2 Ethics and Law Courts make laws in three ways: Court Decisions 1. through common-law tradition 2. by interpreting statutes 3. by judicial review Understanding Business and Personal Law Sources of Law Section 1.2 Ethics and 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? Understanding Business and Personal Law Sources of Law Section 1.2 Ethics and Law ANSWER Statutory law Understanding Business and Personal Law Sources of Law Section 1.2 Ethics and Law 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. Administrative Regulations Understanding Business and Personal Law Sources of Law Section 1.2 Ethics and Law Reviewing What You Learned 1. What are the various parts of the U.S. Constitution? Section 1.2 Assessment Understanding Business and Personal Law Sources of Law Section 1.2 Ethics and Law Reviewing What You Learned Articles, which establish the national government, and amendments, which outline the rights of the people. Section 1.2 Assessment Answer Understanding Business and Personal Law Sources of Law Section 1.2 Ethics and Law Reviewing What You Learned 2. What are the components of common law? Section 1.2 Assessment Understanding Business and Personal Law Sources of Law Section 1.2 Ethics and Law Reviewing What You Learned Based upon previous court decisions Section 1.2 Assessment Answer Understanding Business and Personal Law Sources of Law Section 1.2 Ethics and Law Reviewing What You Learned 3. What are the purposes of statutory law? Section 1.2 Assessment Understanding Business and Personal Law Sources of Law Section 1.2 Ethics and Law Reviewing What You Learned To order people to do something or prohibit people from doing things. Section 1.2 Assessment Answer Understanding Business and Personal Law Sources of Law Section 1.2 Ethics and Law Reviewing What You Learned 4. How do the courts make laws? Section 1.2 Assessment Understanding Business and Personal Law Sources of Law Section 1.2 Ethics and Law Reviewing What You Learned Using common law, statutory interpretation, and judicial review. Section 1.2 Assessment Answer Understanding Business and Personal Law Sources of Law Section 1.2 Ethics and Law Reviewing What You Learned 5. How does the government make administrative regulations? Section 1.2 Assessment Understanding Business and Personal Law Sources of Law Section 1.2 Ethics and Law Reviewing What You Learned Through the use of administrative agencies. Section 1.2 Assessment Answer Understanding Business and Personal Law Sources of Law Section 1.2 Ethics and Law 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? Understanding Business and Personal Law Sources of Law Section 1.2 Ethics and Law Section 1.2 Assessment Answers will vary, but understanding the source of a law may help you understand the reason for the law itself. Critical Thinking Activity Answer Sources of Law Understanding Business and Personal Law Sources of Law Section 1.2 Ethics and 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. Understanding Business and Personal Law Sources of Law Section 1.2 Ethics and Law 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. Understanding Business and Personal Law Sources of Law Section 1.2 Ethics and Law Section 1.1 Assessment Section 1.2 Assessment Reports will vary but should cite sources to support their findings. Legal Skills in Action Answer The Articles of Confederation 1 Chapter SECTION OPENER / CLOSER: INSERT BOOK COVER ART Sources of Law End of Section 1.2