Bohlman TextBK - Lecture Notes

Bohlman TextBK - Lecture Notes - CHAPTER 1 Basics of the...

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CHAPTER 1 Basics of the Law Introduction Definition of Law The preservation of life, the protection of property, the exercise of individual liberty, the fashioning of creative knowledge, and the allocating of scarce resources Law in the singular sense means a law that must be obeyed and followed by society’s members Disobedience may result in prosecution or a civil lawsuit (i.e., breach of contract) Law in the plural sense is how society is governed The governing institutions are legislative, executive, and judicial bodies These three institutions keep society functioning and from turning violent Sources of American Law Primarily England Constitutions The highest source of law The Constitution does two things: 1. Establish the government; 2. Protect people from overreaching government powers
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The Constitution is the supreme law of the land Treaties Statutes and Ordinances Statute: passed by Congress or a state legislature Ordinance: enacted by a city or county legislative body Statutes and Ordinances are codes or codified law Executive Powers in Creating Law The president recommends legislation and sends proposed bills to Congress Congress may choose to ignore these bills Once a bill is before Congress it is assigned to a committee to hold hearings, investigation and then draft a bill The bill must be passed by both houses of Congress It is then sent to the president for signature or veto Executive Orders Military Orders Administrative Rules and Regulations Administrative agencies are usually created by Congress, or at the state level by state legislatures Their rules and regulations have the force of law Case Law
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Written court decisions This is the common law In many areas statutory law has replaced common law Landlord-tenant Louisiana adopted a civil law system
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Bohlman TextBK - Lecture Notes - CHAPTER 1 Basics of the...

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