Types and Sources of Law Chapter 1. Copyright © 2007 Thomson Delmar Learning Objectives Identify –Primary sources of law in the United States. –Three

Types and Sources of Law

Chapter 1

Copyright © 2007 Thomson Delmar Learning

Objectives

• Identify – Primary sources of law in the United States.– Three levels of government in the United States.– Three branches of government and their roles.– The difference between civil and criminal laws.


Objectives

• Distinguish between laws, standards, and codes.

• Identify differences in jurisdiction between federal, state, and local government.


Laws Are Important to Firefighters

• Fire departments– Created and controlled by laws

• FDs have legal authority to: – Enter private property– Evacuate people – Operate emergency vehicles


Laws and Fire Departments

• Laws place responsibility upon FDs:– Perform certain actions during emergencies– Respect medical confidentiality

• Some laws impact FDs operationally:– OSHA regulations– Enforce fire codes


Law Defined

• Must be obeyed and followed by citizens subject to sanctions or legal consequences


Sources of Laws

• From three levels of government

1. Federal

2. State

3. Local• County• Regional district• City or town


Statutes

• Laws created by legislatures through a formal lawmaking process– Congress– State legislatures

• Federal statutes are codified in the United States Code

– Abbreviated USC or USCA


Ordinances

• Laws passed by local legislatures– City or town councils– Must comply with state constitutions and U.S.

Constitution– Cannot violate any state statutes


Regulations

• Laws created by administrative agencies– Administrative agencies exist on federal, state, and

local level • OSHA • FCC • EPA • FAA


Regulations

• Federal regulations are codified in Code of Federal Regulations– Abbreviated CFR– Example

• 29 CFR 1910.120


Case Law

• Decisions of judges while deciding cases

• Limitation 1: Must be a case or controversy– Judges may only issue rulings on cases brought

before them• May only address issues raised in the case


• Limitation 2: Cases are binding on courts in same jurisdiction and at same or lower level– Complex area– Many exceptions to the rule

Case Law


Common Law

• Judge-made law of England effective in the colonies on July 4, 1776– Adopted into our laws– Represents a vast body of case law and legal

principles that still apply in many cases


Less Common Sources of Law

• Executive orders

• Foreign treaties

• Lawful orders of a court– Examples

• Injunctions• Temporary restraining orders• Subpoenas


Constitutions and Charters

• U.S. government and each state has a constitution– Local governmental entities usually have charters


Primary Sources of Law

Federal State LocalConstitution Constitution Charter

Statute Statute Ordinance

Regulation Regulation Regulation

Case Law Case Law Case Law

Common Law Common Law Common Law

Executive Order Executive Order Executive Order


Two Functions of Constitution

1. Supreme Law– All other laws and governmental actions must

comply with the U.S. Constitution– Laws and actions that violate the Constitution are

invalid

2. Establishes government


Organization of Government

Executive Legisla tive Judicia l

C onstitu tion


Executive Branch

• Runs daily operations of government

• Enforces law

• Examples– President – federal level– Governor – state level– Mayor – local level


Legislative Branch

• Makes laws

• Imposes taxes

• Examples– Congress– State legislature– City/town council


Judicial Branch

• Interprets law

• Resolves disputes over application and interpretation of the law


Separation of Powers

• Important principle underlying our form of government

• Purpose: No branch of government can intrude on, or exercise authority of, another branch


Role of Administrative Agencies

• Legislate– Pass regulations

• Enforce laws– OSHA, EPA

• Adjudicate– Hold hearings


Administrative Agencies

• Created by the legislature– Enabling Act

• Operate under the legislative branch– All administrative agencies– Run day-to-day operations of government


Local Government

• Some local governments do not have all three branches

• Some only have the legislative branch– Town council or city alderman exercise both

legislative and executive authority


Standards and Codes

• Standards – Voluntary guidelines and recommendations– Do not have force and effect of law – Organizations

• Standards adopted into law– Have force and effect of law


• Codes– Confusing name– Bodies of laws

• Fire code• Criminal code

– Compilations of standards• National Electrical Code (NFPA)

Standards and Codes


• Building codes– Govern the construction of buildings– Enforced by local officials

• Fire codes– Primarily govern fire and life-safety issues– Enforced by FD or state fire marshal

Standards and Codes


Civil versus Criminal Law

Criminal Law Civil Law

Origin Government Party who has been wronged

Burden of Proof Beyond a reasonable doubt

More likely than not

Penalty Jail, probation, fine or restitution

Money damages or a court order


• Federal jurisdiction– Limited by the Tenth Amendment

“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

– Must be a basis for federal jurisdiction in the Constitution

Jurisdiction


Jurisdiction

• State jurisdiction– All powers not delegated to federal government in

the Constitution– Broad police powers

• Local jurisdiction– Exercise authority granted by state


Summary

• Laws have an important impact on fire service

• Most common sources of law

• Standards and codes

• Criminal law versus civil law

• Federal versus state versus local jurisdiction

Documents

Types and Sources of Law Chapter 1. Copyright © 2007 Thomson Delmar Learning Objectives Identify –Primary sources of law in the United States. –Three