Chapter 3 Making Law

Okay, so first of all, laws are created by a legislature and they provide rules to guide conduct, and they also resolve disputes and maintain order throughout the courts. The first legal, written code was the Code of Hammurabi, which was the "eye for an eye" philosophy.

The first thing that triggered law was the Norman Conquest of England in 1066 that brought feudal law and provided the basis for common law. England developed the common law system. But after the Norman Conquest there were new rulers that created new forms of government which included courts of law.

Henry II was called the "father of the common law," because a body of law had been established and was applied nationally. These rules were written in a book called "Treatise on the Laws and Customs of the Realm of England."

The next form of documentation was the Magna Carta a.k.a. the "Great Charter." It limited the power of the English sovereign and it asserted upon certain rights on the part of barons. Well, what does that even mean?!?! It means that we have the right to a trial by jury, proportionality of punishment, and the opportunity against self-incrimination.

In a stare decisis, it initially means to let the decision stand. And if there were any prior decisions on legal issues, the courts would guide there decision based upon the past decision to the current decision. It is also the building block behind establishing the value of prior decisions which are called precedents. Not all rulings/decisions are based upon precendents. There are preanouncements that are called ratio decidendi which is the reason for the decision, and it is something the court uses to conclude their decision.

Under the Constitution, there are Legislative Statutes which is statutory law, there are Executive Agency Rules and Decisions which are administrative laws, and there are Judicial Cases that are common law. The constitution creates a government, it constitutes the government. Legislatures are called lawmakers because they literally initiate the law. Legislatures have the authority to pass enactments or bills, aka statutes, and then they are revised into codes like the penal code of criminal law. And the Supreme Court has the final say so as to what is put in the constitution or not. Under individual rights in the Constitution, you have the right to seek a writ of habeas corpus which basically allows a document challenging the legality of a person's detention. It also has the prohibition on bills of attainder which the legislation imposes punishment without going through trial. And Ex post facto laws that legislation making prior to criminal conduct.

In the Bill of Rights are the first 10 amendments to the U.S. Constitution. There are 23 individual rights and the first 8 amendments are what contain the 23 individual rights. The Bill of Rights prevent federal government from abusing its power. The Bill of Rights applied on a case-by-case basis and prior to incorporation, states designed there own procedures.

• 1st Amendment:

It covers the freedoms of religion, speech, press, and assembly.

• 2nd Amendment:

It provides citizens the right to keep and bear arms, and states that it musn't be infringed upon.

• 3rd Amendment:

Forbids the quartering of soldiers in private homes against the wishes of the owner at any time.

• 4th Amendment:

It requires probable cause, forbids unreasonable search & seizure, protects people, not places or things, and exclusionary rule. It has 2 clauses in it, the warrent clause and the probable cause clause.

• 5th Amendment:

It guarantees due process, substantive and procedural law, and it prohibits double jeopardy, self-incrimination, and taking private property for public use.

• 6th Amendment:

You have the right to a speedy trial, right to a public trial, right to impartial jury, be informed of charges, confront witnesses, subpoena power, and assistance of counsel.

• 7th Amendment:

The right to a trial by jury in federal civil trials. It only applies to federal cases.

• 8th Amendment:

Prohibits excessive bail and fines, cruel and unusual punishment, like torture and executions.

Judicial Review is the power of the court that allows them to examine a law and determine whether it is constitutional or not.

Maybury v. Madison was the most important case that was decided by the Supreme Court because it had established the authority of the high court.