2. Chapter 2
Introduction to Law
―Laws are the very bulwarks of Liberty; they
define every man’s rights, and defend the
individual Liberties of all men.‖
J.G. Holland (1819-1881)
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3. Laws
Govern the relationships between private
individuals and organizations; and between
both of these parties and government.
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4. Categories of Law
• Public Law
– Deals with the relationships between government
and individuals.
• Private Law
– Deals with relationships among individuals.
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5. Sources of Law
• Common Law
– derived from judicial decisions.
• Statutory Law
– written laws
• Administrative Law
– public law, rules & regulations issued by
administrative agencies to direct the enacted laws
of the federal and state governments.
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6. The Law of England
Law reflects to a large degree the civilization
of those that live under it. Its progress &
development are mirrors not merely of
material prosperity but of the method of
thought and of the outlook of the age.
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7. Development of English Law
• As varied as the nations who have peopled its
land:
– Romans
– Saxons
– Danes
– Normans
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8. Development of English Law
System of National Law based on
– Custom
– Foreign literature
– Rule of strong kings
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9. Common Law in England
• Few written laws
• Law develops from court decisions
• Became known as ―Common Law‖
• Subsequent cases based on prior decisions
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10. Common Law in U.S.
• Body of principles that has evolved and
expanded from judicial decisions.
• Origins in English Common Law.
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11. Common Law Principles
• Precedent:
– a judicial decision that may be used as a standard
in subsequent similar cases.
• Res Judicata:
– means the thing is decided—refers to that which
has been previously acted on or decided by the
courts.
• Stare Decisis:
– common-law principle meaning let the decision
stand.
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12. Statutory Law
Written law emanating from a legislative body.
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13. Hierarchical Order: Statutory Law
• U.S. Constitution
– Highest in the hierarchy of laws
• State Constitution
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14. Article VI of the Constitution
This Constitution and Law of the United States .
. . Shall be the supreme Law of the Land; and
the Judges in every State shall be bound
thereby . . . .
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15. Administrative Law
Extensive body of public law issued by
administrative agencies to direct the enacted
laws of the federal and state governments.
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16. Government Organization
• Legislative Branch
• Executive Branch
• Judicial Branch
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17. Legislative Branch
• Enacts laws
• Amends or repeals existing legislation
• Creates new legislation
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18. Executive Branch
• Administers and enforces the law
• Cabinet
– 15 Executive departments on federal level
(e.g., Dept. of Health & Human Services)
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19. Judicial Branch
. . . when government bureaus and
agencies, which are adjuncts of the legislative
or executive branches, go awry, the people flee
to the third branch, their courts, for solace and
justice.
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20. Federal Court System
• U.S. District Court
• U.S. Court of Appeals
• U.S. Supreme Court
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21. U.S. District Court
• Trial court of Federal System
• 89 district courts in 50 states
• 1 in District of Columbia
• 1 in Puerto Rico
• civil, criminal, admiralty & bankruptcy cases
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22. U.S. Court of Appeals
• Created to help U.S. Supreme Court
• Reviews
– district court decisions
– administrative agency decisions
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23. U.S. Supreme Court
• Highest federal court
• Only court created by federal constitution
• Comprised of 8 Associate & 1 Chief Justice
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24. Separation of Powers
Model for Government
Under this model the state is divided into
branches, and each branch of the state has
separate and independent powers and areas of
responsibility; however, each branch is also
able to place limited restraints on the power
exerted by the other branches.
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25. Branches & Powers of Government
Legislative Executive Judicial
Write laws Veto Laws Declare laws
unconstitutional
Enact Laws Wage War Interpret laws
Confirm Justices Appoint Justices Apply Laws
Enact Taxes & Refuse certain Compel
set the budget expenditures Testimony
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26. Dept of Health & Human Services
• Administration on Aging
• Centers for Medicare & Medicaid
– Health Insurance Portability & Accountability Act
of 1996
• Public Health Service
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27. Public Health Service
– Agency for Healthcare Research and Quality
– Centers for Disease Control & Prevention
– Food and Drug Administration
– National Institutes of Health
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28. Questions - I
1. Define the term ―law.‖
a. What are the sources of law?
2. Define the legal terms:
a. Precedent
b. Stare decisis
c. original jurisdiction
d. appellate jurisdiction
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29. Questions – II
3. Describe the branches of government.
4. What is the meaning of separation of
powers?
5. What is the function of an administrative
agency?
6. Describe the responsibilities of the DHHS.
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