Chapter 1: You and the Law

I. Where do laws come from?

• morality and ethics
• morality- values an individual is raised with that are acceptable in society (moral, immoral, and amoral people)
• morality dictated by society you live in (ex. different morals in U.S. vs. the Middle East)
• ethics- values of right and wrong summarized from different moral values of the people.Laws are derived from ethics.
• laws- set of legal principles set forth by government (or a legislative body) that tells people what is acceptable behavior in society.

How do we make ethical decisions?

1. feelings and opinions- what your gut feelings are at the time of making a decision
2. the greatest good- decisions made for the greatest good for the greater number of people. (ex. government making national laws)
3. the golden rule- “Do unto others as you would have them do unto you”

II. Sources of Law Today

1. Common Law

• “Roots of American Legal System;” came from English Feudal times when case decisions were based on customs and traditions because there was no written law, judges created “The Common Law of the land”

2. Federal and State Constitutions

• Federal Constitution: Broad basic foundation for the laws of the country. Describes main structure and functions of our government; Set forth fundamental rights of citizens.
• Part I: Articles to the Constitution
  • Articles 1-3: Roles and responsibilities of branches of gov’t
    • Article I: Legislative
    • Article II: Executive
    • Article III: Judicial
  • Articles 4-7
    • Article IV: Relations among states
    • Article V: The Amending Process
    • Article VI: Supremacy Clause
    • Article VII: Provided for ratification of US Constitution
• Part II: Bills of Rights: Amendments 1-10
  • Amendment 1: freedom of speech, religion, press, protest
  • Amendment 2: right to bear arms
  • Amendment 3: no quartering soldiers
  • Amendment 4: no unreasonable search and seizure
  • Amendment 5: no double jeopardy, due process of law, tried in front of a Jury, no self-incrimination “plead the 5th”
  • Amendment 6: establishes foundations for complete criminal trial procedure- provided with an attorney, tried in the state where the crime was committed, provide witnesses, speedy trial with impartial jury
  • Amendment 7: civil trials- right to file a lawsuit if offence is over $20
  • Amendment 8: no excessive bail, excessive fines, or cruel and unusual punishment
  • Amendment 9: rights cant be denied
  • Amendment 10: rights not in the Constitution are granted to the states
• State Constitutions:
  • Each state has its own constitution created by the legislative branch of the state
  • State and Federal laws cant conflict
    • State Tax Laws
    • Federal Tax Laws
    • State Criminal Jurisdictions
    • Federal Criminal Jurisdictions

3. Statutes

Statutory Law

• Laws passed by the governing body:
• Federal Legislative Branch
  • US Congress
    • Senate
    • House of Representatives
• State Legislative Branch
• Local City Councils- Town Meetings
  • These laws passed are statutes

4. Court Decisions

• Court-made law or case law
• Courts take part in creating or modification of laws in three ways:
  • High court decisions of any state becomes the law of the state. This takes place at federal and state level.
  • Courts interpret incomplete, confusing, or unclear laws and will change or modify them to meet the needs of the case.
  • Courts can decide if laws or government activities are in line with the constitution. If not, the court can declare the law or activity unconstitutional.

5. Administrative Law