Legal Introduction to Law Daytona State College School of Emergency Services Introduction to Law Evolution of Laws

Daytona State CollegeSchool of Emergency Services

LegalIntroduction to Law

Introduction to LawIntroduction to Law

Evolution of LawsEvolution of Laws



ObjectivesObjectives

• History of the American Legal SystemHistory of the American Legal System

• Types of law in AmericaTypes of law in America– Constitutional Law– Statutory Law– Ordinance– Criminal Law– Case Law– Civil Law



American Legal SystemAmerican Legal System

• Law:Law:– A form of social control – Method of encouraging behaviors

• Other forms of controlOther forms of control– Morality– Religion

• Religious concepts have led to laws




• Simple societySimple society– Written laws not necessary– Peer pressure is high– Hierarchy determines acceptable behaviors– Those violating law

are punished collectively




• Complex societyComplex society– Written laws necessary

• Rules of the society codified and distributed

– Sometimes referred to as “common law”• American legal system is based on English common

law

– Law maintains property ownership, regulation of business, raising revenue for government operations



Types of LawsTypes of Laws

• Constitutional LawConstitutional Law

• Statutory LawStatutory Law

• OrdinancesOrdinances

• Criminal LawCriminal Law

• Case LawCase Law

• Civil LawCivil Law



Constitutional LawConstitutional Law

• Defines the form of governmentDefines the form of government– Representative form with three branches

• Executive

• Legislative

• Judicial

– Identify the powers and limitations on each branch

• Sets standards for government and its Sets standards for government and its people, interpreted by the Supreme Courtpeople, interpreted by the Supreme Court



Constitutional LawConstitutional Law

• Florida ConstitutionFlorida Constitution– Modeled after the U.S. Constitution in 1845– Makes interpretation of U.S. Constitutional

decisions easier– Provides the same level of rights as the U.S.

Constitution



Statutory LawStatutory Law

• Laws passed by Congress, state legislatures Laws passed by Congress, state legislatures or local authoritiesor local authorities

• Includes:Includes:– Regulation– Civil law– Criminal law– Administrative law



Local OrdinancesLocal Ordinances

• Local government lawsLocal government laws– Address local issues

– All misdemeanors or civil wrongs

– Apply only within the jurisdiction

– Cannot conflict with state or federal law

• Examples:Examples:– Parking laws, sign ordinances,

open container laws



Criminal LawCriminal Law

• A subset of statutory lawA subset of statutory law– Defines unacceptable behaviors and government

prosecution of those who commit them– Must clearly define the unacceptable behaviors– Must set punishment for violation

• Examples:Examples:– Robbery, kidnapping,

murder, theft, trespassing, burglary, sexual battery



Case LawCase Law

• Decisions of the court system set precedenceDecisions of the court system set precedence– Lower courts take notice of higher court rulings– Lower courts must abide by upper court rulings– Lower courts get guidance from upper court

rulings– Supreme Court interprets

the standards of the Constitution against today’s events



Civil LawCivil Law

• Legal action to resolve a private disputeLegal action to resolve a private dispute– No crime involved, but one claims that another is

responsible for some damage or injury

– Court is called to help resolve the situation

– Court hears both sides, determines responsibility

– Harmed person/company (plaintiff) files a lawsuit against the person allegedly causing the harm (defendant), asking the court to decide responsibility



Law and the PoliceLaw and the Police

• Police enforce criminal lawPolice enforce criminal law• Police must abide by case law, stay Police must abide by case law, stay

informedinformed• Police enforce ordinancesPolice enforce ordinances• Police respond to civil cases, helping to Police respond to civil cases, helping to

resolve situations without violenceresolve situations without violence• Police note statutory/Police note statutory/

regulatory issues and regulatory issues and report themreport them



Questions?Questions?

Documents

Legal Introduction to Law Daytona State College School of Emergency Services Introduction to Law Evolution of Laws