Laws govern relationships between individuals, organizations, and government. There are two main categories of law - public law deals with government-individual relationships while private law deals with individual-individual relationships. The three main sources of law are common law from judicial decisions, statutory law from written laws, and administrative law from rules issued by government agencies. The chapter then discusses the development of common law in England and its influence on law in the United States.

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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