The Five Main Sources of U S Law

The Five Main Sources of U. S. Law

Learning Goal To recognize the 5 main sources of U. S. Law

What is Law? ? ? Law: The rules of conduct established by government of a society to maintain stability and justice.

The 5 Main Sources of U. S. Law 1. Constitutional Law (Federal and State) 2. 3. 4. 5. Common Law Statutory Law Court Decisions Administrative Regulations

#1: Constitutional Law The U. S. Constitution: 1. Is the most fundamental law in our Country. 2. Spells out the principles by which the government operates. 3. Sets forth the fundamental rights of citizens. 4. Defines the limits of the federal and state governments for passing laws. 5. Describes the functions of the various branches and divisions of the national government.

#2: Common Law In the early days of colonization, states adopted the English Common Law. • Judges or “Magistrates” traveled the countryside deciding cases on local customs and traditions. • Judges shared their decisions with other Judges, and this became the basis for “Common Law. ”

. . . Common Law Eventually, decisions were written down and a body of cases was developed. • Precedent – A Judge is required to follow an earlier court decision when deciding a case with similar circumstances. – Stare Decisis – “Let the decision stand”

. . . 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

#3: Statutory Law Statutes – Laws specifically passed by a governing body that has been created for the purpose of making laws. Includes all laws passed by Congress, State Legislatures, Local City Councils or Town Meetings.

#4: Court Decisions 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.

#5: Administrative Regulations Organizations created by Federal, Local, and State Legislatures for regulating 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)

Learning Goal To recognize the 5 Main Sources of U. S. Law