What Are The Different Types Of Law – Presentation Theme: “Types of Law. Key Question: What are the types of law in the United States?”-Presentation Transcript:
2 Types of Law There are different types of laws that solve different social problems. Protect basic human rights Promote justice Help resolve conflicts Promote order and stability Represent the will of the majority Protect the rights of minorities Legal systems must cover all aspects of our society No, because the laws are very different. Congress makes laws for the United States as a whole, but individual states can make their own laws that best suit the needs of their citizens. However, there are other groups that create laws that citizens must follow.
What Are The Different Types Of Law
3 Constitution Laws contained in the US Constitution fall under the Constitution. The Constitution contains provisions of the Constitutional Articles concerning the structure and powers of the federal government and 27 amendments. Amendments are drafted by Congress and approved by the State Legislature. Constitutional rights are the highest law in this country.
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4 Statutes Statutes (also called statutes) are made by legislators at the national (parliament) or state (NC General Assembly) level. A statute may not be inconsistent with the Constitution as it may be overruled by the judiciary. Types of statutes include criminal law and civil law
5 Criminal laws enacted to prevent intentional or accidental damage to each other or to the property of others. Two types – Serious Crime Worse. A petty crime is a petty crime. Criminal law is produced by all levels of government. Violation of criminal law may result in arrest.
6 Civil Law Civil law helps resolve disputes between individuals or groups that do not violate criminal law. Civil rights also protects the right of citizens to equal treatment and helps ensure (to some extent) justice in our society. You will not be arrested for violating civil law.
7 Administrative Law Regulations regarding personal and corporate ethics are also established by administrative authorities. Laws passed by the government are called administrative laws.
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8 Common law Common law is the system that applies in national and state courts. Common law means using previous court decisions to make future decisions. For example, someone is convicted of premeditated murder and sentenced to 60 years in prison. If he is then convicted of premeditated murder, he will also be sentenced to 60 years in prison. Ensure justice is done by ensuring that courts impose the same penalties for the same crimes. This is called using “precedence” or what happened before.
A man commits murder. The government cannot force you to post soldiers in your home. The FDA says that anyone involved in the manufacture of medicines should wear gloves, lab coats, hairnets and shoe covers. Billy files for divorce from Sandra. Federal law provides that first-degree murder convictions are punishable by life imprisonment or the death penalty. The NC General Assembly has passed a law banning the use of cell phones to send and receive text girlfriend messages while driving.
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Types Of Law Essential Questions: What Are The Various Types Of Laws In The United States?
Presentation on the topic: “Economic law. Section 1.2. Types of law. Types of law. Constitution.
2 Types of law Constitutional law Statutory law Legislative enactment Administrative law Principles and rules of the executive branch Civil law Key Definitions of Obligations Business Rules Applicable to Business Situations and Transactions
3 Constitutions The primary function of the US Constitution and various state constitutions is to provide a framework for distributing governmental powers. Fundamental rights that cannot be violated by the federal government are spelled out in the Bill of Rights. The first ten constitutional amendments (page 27) or restricting freedom of speech and the press, or the right of people to assemble peacefully and seek redress from the government. 2nd Amendment: A well-organized militia is essential to the security of a free state and must not violate the right of the people to own and bear arms.
4 Bill of Rights (continued) Third Amendment: A soldier may not live in any house in time of peace without the consent of the captain, nor in time of war in the manner prescribed by law. 4th Amendment: The right of persons to keep persons, homes, documents, and property against unjust search and seizure shall not be infringed, unless there are presumed grounds, evidenced by oath or declaration, specifically explaining– No orders are issued. The location of the search, as well as the person or thing subject to confiscation. Fifth Amendment: No person shall be prosecuted for capitalist crimes or any other crime except by presentation to a grand jury or indictment. except in the case of the Army or Navy, or in the case of militias actually in war or in public danger. A person whose life or health has been endangered twice for the same crime, who has been compelled to act against himself in a criminal case, or who has been deprived of life, liberty, or property without due process of law. should not. Nor can private property be used for official purposes without just compensation.
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5 Bill of Rights (continued) Sixth Amendment: In all criminal proceedings, the defendant has the right to a speedy and public trial before an impartial jury in the state and county where the crime was committed. You will be informed of the nature and cause of the claim. Bet witnesses and eyes against yourself. Take due process to obtain witnesses in his favor and to support his defense. 7th Amendment: In cases of common law disputes in which the value of the dispute exceeds $20, the right to a jury trial is reserved and no jury trial may be adjudicated in any non-common law US court. Eighth Amendment: No need for excessive bail, excessive fines, or cruel and unusual penalties.
6 Bill of Rights (continued) 9. Amendment: The enumeration of certain rights in the Constitution cannot be understood as denying or diminishing other rights protected by the people. 10. Amendment: Powers not granted or prohibited by the Constitution of the United States are reserved to the states or nations, respectively.
7 Five Sources of Law Constitution Supreme Law of the Nation All federal, state, and local laws must be inconsistent with the Constitution Dealing with the definition and distribution of certain powers in our society People and their governments Between charters of rights between states and governments federal government eg trade clauses between power industries. Control and balance between 3 branches
8 Five Sources of Law: Adopted by Congress. Example: Federal Prescription Law. This is a statute enacted by Congress in the common law system that sets the maximum period of time after an event that a lawsuit can be filed. After the expiration of the statute of limitations, you will no longer be able to make a claim. Ordinance: A law passed by a local government (town, village). For example: Fort Wayne’s rules for fires, parking, zoning, etc. Stare decisis: Requires lower courts to proceed in accordance with settled case law when deciding similar cases. Supreme Court not bound
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9 Five Sources of Law Administrative law comes from government agencies e.g. Social Security Administration, EPA, OSHA, FDA Administered by government officials Building rules and regulations
10 What happens when the laws conflict? The doctrine of federal sovereignty over states. city state. constitution rather than statute. Statutory law for administrative law decisions of the High Court related to decisions of the lower courts Unconstitutional: if the court finds the law to be contrary to federal law, or