Law and Society
CJUS/POLS 102
Chapter 1: Introduction to
Law
Functions of Law
Five primary functions
1. Bestows benefits on people
2. Reflects society’s values
3. Creates new programs
4. Proscribes certain activities
5. Provides predictability
Sources of Law
1.
2.
3.
Natural law
- considered a higher law
- laws of God or nature
- “mala in se”
Positive law
- reflect the will of the people
- “mala prohibita”
Sociological law
- values / mores / culture of a society
Laws of Society
Laws: divided into different concepts:
1.
2.
Constitutional law
- supreme law of the land
- all others subordinate
- US Supreme Court
- limits government
Criminal law
- federal / state / local
- felony / gross misdemeanor / misdemeanor
Laws of Society
3.
4.
Civil law
- relates to torts committed
- personal injury
- physical / mental / monetary
- action between two or more parties
Administrative law
- powers of administrative agencies
- elected officials enact laws
- government agencies carry out
- enact policies / procedures
Laws of Society
5.
6.
Statutory law
- written laws passed by governments
- federal / state statutes
- county / city ordinances
Common law
- originated in Medieval England
- adopted during American Revolution
- opinions / judgments of courts
- judge-made law
- “unwritten law”
Laws of Society
7.
8.
9.
Case law
- reported judicial decisions
- judge interprets the law
- meaning of Constitution / statutes / other
- criminal trials / civil trials / appeals
Public law
- concerned with public rights / obligations
- constitutional / international / criminal / etc.
Private law
Laws of Society
-
regulates the rights and duties
exist between private persons
individuals / companies / associations
contract law / business law / etc.
Modern Sources of Law
1.
Constant state of change
- society changes / laws must adapt
- old laws dropped / new laws added
- others modified
Modern Sources
2.
Constitutional form of government
- ultimate source of law
- all branches of government
- by the people
a. Legislative branch
- federal / state / local
- written law
- “referendum”
(1) Laws have jurisdiction
Modern Sources
- geographic area
- power / authority to enforce
(a) Federal law
- entire country / territories
- relates to federal authority / power
(b) State law
- entire state
- county / city alike
- health / taxes / wildlife / licenses
Modern Sources
(c) County law
- only to that county
- can include cities within
- juvenile / civil / property taxes / etc
(d) City law
- only to that city
- police / fire / water / licenses / etc
(2) Doctrine of Supremacy
- cannot supersede state law
Modern Sources
- cannot supersede federal law
(3) Challenging a legislated law
- courts do not interfere
- until someone challenges
- appeals conviction / judgment
- must be a case / controversy
b. Executive branch
- veto makes law
- executive order / administrative law
Modern Sources
(1) Veto
- bill signed by president / governor
- can override by 2/3’s majority
(2) Executive order
- protecting environmental areas
- excusing from prosecution
(3) Administrative law
- agencies impose policy / procedures
- agency head reports to executive
Modern Sources
c. Judicial branch
- all levels make law
(1) State courts
- Grays Harbor Superior Court
- State Court of Appeals (2nd circuit)
- State Supreme Court
(2) Federal courts
- US District Court (Tacoma)
- US Court of Appeals (9th circuit)
Modern Sources
- US Supreme Court
d. Lawmaking by the people
(1) How we vote
(2) Initiative
3.
Classification of Law
- all levels of government
- federal / state / local
Classification
a. Civil / Criminal law
- referred to as private law / public law
b. International / domestic law
(1) International
- between two or more countries
- civil or criminal
(2) Domestic
- handled in US courts
Classification
c. Procedural / substantive law
(1) Procedural law
- establishes procedures to be followed
- by police / courts / corrections
- 5th Amendment
(a) Police
- use of force
- advice to rights
- collection of evidence
Classification
(b) Courts
- filing of charges
- notification for defense
- presentation of evidence
(c) Corrections
- offender rights
- parole hearings
- personal safety
(2) Substantive law
Classification
- content / substance of the law
(a) Perform a certain action
- act in a certain way
(b) Prohibits criminal acts
- certain actions a crime
Washington State Government
1. 1848 – 1853: part of Oregon Territory
Washington State
- Oregon / Washington / Idaho
- territorial representatives
- Territorial Supreme Court (3 justices)
a. 1853 – 1889: Washington Territory
- north of Columbia River
- west of Continental Divide
- territorial governor / representatives
- supreme court (4 justices)
- territorial prison (Walla Walla)
Washington State
b. October 1, 1889: state constitution
- elected public officials
(1) November 11, 1889: 42nd state
- Act of Congress
- laws of California
- 3 branches of government
- supreme court (5 justices)
(2) 39 counties
- county commissioners
Washington State
- county agencies (roads / health / etc)
2.
Branches of government
a. Executive
- Governor / Lt. Governor
- 189 administrative agencies/commissions
b. Legislative
- Senate / House of Representatives
- 49 senators / 98 representatives
Washington State
(c) Judicial
- state supreme court (9 justices)
- state court of appeals (I / II / III)
- superior courts (population)
- district courts / municipal courts
3.
Washington law
- Washington Administrative Code (WAC)
- Revised Code of Washington (RCW)