1/9/2018 Guide to Introduction US Food Laws and Regulations American democracy is SECOND EDITION based on 6 essential Chapter 1 PatriciaA.Curtis principles Introduction to 1.The majority rules Laws and 2.Protection of political rights of minorities Regulations 3.Citizens agree to be ruled by a system of law 4.Free exchange of ideas and opinions 5.Equality of all citizens WILEY Blackwall 6.Government exists to serve the people Democracy Together federal,state,and local laws, bodies,and agencies carry out operations Levels of Government Ensures that people are Direct Democracy Representative the source of the Democracy A government in which goverment's authority people vote to make their A government in which the Elected representatives own rules and laws people vote for(elect)a smaller group of citizens who serve at all levels of make the rules and laws for government everyone Shares power to Was used in:Ancient Greece Was (is)used in: provide checks and Ancient Rome balances United States of America
1/9/2018 1 Chapter 1 Introduction to Laws and Regulations Introduction American democracy is based on 6 essential principles 1. The majority rules 2. Protection of political rights of minorities 3. Citizens agree to be ruled by a system of law 4. Free exchange of ideas and opinions 5. Equality of all citizens 6. Government exists to serve the people Together federal, state, and local laws, bodies, and agencies carry out operations • Ensures that people are the source of the goverment’s authority • Elected representatives serve at all levels of government • Shares power to provide checks and balances
1/9/2018 City Council Sources of American Law Local Government Mayor The Constitution is the supreme law of Courts the United States Senate describes the powers of the General Assembly House of government Representatives State Government- Governor describes the rights of the citizens Courts broad law that leaves room for interpretation Senate Legislative Branch- All laws must comply with the National Government constitution Executive Branch Judicial Branch Sources of American Law Sources of American Law The Constitution The Constitution The Constitution has 6 basic principles The Constitution has 6 basic principles 1.Popular Sovereignty Popular Sovereignty 2.Separation of Powers -people have the .Peocle are the US government is divided into three ONLY source of branches that have their own power to govern government responsibilities,constituencies,and people entrust this from the p eopl organization power to their govt people elect 1)Legislative branch makes law congressmen,who 2)Judicial branch interprets law make the law 3)Executive branch enforces law
1/9/2018 2 Sources of American Law • The Constitution is the supreme law of the United States - describes the powers of the government - describes the rights of the citizens - broad law that leaves room for interpretation • All laws must comply with the constitution Sources of American Law The Constitution The Constitution has 6 basic principles 1. Popular Sovereignty - people have the power to govern - people entrust this power to their govt - people elect congressmen, who make the law Sources of American Law The Constitution The Constitution has 6 basic principles 2. Separation of Powers US government is divided into three branches that have their own responsibilities, constituencies, and organization 1) Legislative branch makes law 2) Judicial branch interprets law 3) Executive branch enforces law
1/9/2018 Sources of American Law Three Branches of Government FEDERAL LEVEL The Constitution The Constitution has 6 basic principles 四 显 3.Checks and balances No govt branch can act on its own The US Capitel -Each branch has some control over LEGISLATIVE EXECUTIVE JUDICIAL the other two branches Congress President Supreme Court -To make law,congress must get an okay from the President,except in Other Federal Courts special cases Sources of American Law Emericans live under both The Constitution national and state governments The Constitution has 6 basic principles 4.Federalism -Federal,state,and local govts exist and .Maintain militan *Co Establish loca have their own powers .Declare war Separation prevents abuse of power commerce .Regulate state -State law addresses matters within the Regulate banks commerce e reg state borders and measures Protect copyrights eral welfa -State law must be as and patent .Punish criminals and regulate stringent as federal corporations law and must comply with the constitution
1/9/2018 3 Sources of American Law The Constitution The Constitution has 6 basic principles 3. Checks and balances - No govt branch can act on its own - Each branch has some control over the other two branches - To make law, congress must get an okay from the President, except in special cases Sources of American Law The Constitution The Constitution has 6 basic principles 4. Federalism - Federal, state, and local govts exist and have their own powers - Separation prevents abuse of power - State law addresses matters within the state borders - State law must be as stringent as federal law and must comply with the constitution
1/9/2018 Sources of American Law Sources of American Law The Constitution The Constitution The Constitution has 6 The Constitution has 6 basic principles basic principles 6.Military power is under civilian control -Why?Framers of the constitution believed 5.Supremacy of national that military power could threaten a free laws government if the military was not under civilian control -If federal and state a The President (a civilian)is Commander-in- law contradict,the govt Chief of military forces federal law will be -Only Congress can approve war and defense upheld spending Sources of American Law Sources of American Law Statutory Law Common Law Law written by the legislatures at all levels The laws based on of govt previous court rulings Congress,state legislatures,and local govt ·Also called case law enact statutes Decision is made by the More detailed and precise than SPEED court based on what is constitutional law LIMIT common or has been done before Regulations passed by agencies are more specific than statutes 65 When statutory law is in conflict with common Examples:speed limits on the highways or law,statufory law is minimum age for work permits upheld
1/9/2018 4 Sources of American Law The Constitution The Constitution has 6 basic principles 5. Supremacy of national laws - If federal and state law contradict, the federal law will be upheld Sources of American Law The Constitution The Constitution has 6 basic principles 6. Military power is under civilian control - Why? Framers of the constitution believed that military power could threaten a free government if the military was not under civilian control - The President (a civilian) is Commander-inChief of military forces - Only Congress can approve war and defense spending - Summary video of the 6 principles https://www.youtube.com/watch?v=bgh1jDv9b5w Sources of American Law Statutory Law • Law written by the legislatures at all levels of govt • Congress, state legislatures, and local govt enact statutes • More detailed and precise than constitutional law • Regulations passed by agencies are more specific than statutes • Examples: speed limits on the highways or minimum age for work permits Sources of American Law Common Law • The laws based on previous court rulings • Also called case law • Decision is made by the court based on what is common or has been done before • When statutory law is in conflict with common law, statutory law is upheld
1/9/2018 Sources of American Law Hierarchy of the Sources of Law Equity Equity cases deal with fairness or justice of a situation ·A judge will order an injunction to prevent the unfairness from occurring again ·A response to EQUALITY EQUITY defects in common law Two Branches of American Law Branches of American Law Private and Public Private and Public Private law deals with disputes between individuals,businesses Regulation of the legal system or other organizations ·Four categories Constitutional law Outcome:fine or money -International law award as opposed to Criminal law Jail Administrative law Encompasses:property contracts,family relations,and torts (a Most law that applies to food quality and safety falls under administrative law civil wrong)
1/9/2018 5 Sources of American Law Equity • Equity cases deal with fairness or justice of a situation • A judge will order an injunction to prevent the unfairness from occurring again • A response to defects in common law Hierarchy of the Sources of Law Summary video of the sources of law https://www.youtube.com/watch?v=KzgDIh3S30w Two Branches of American Law Private and Public • Private law deals with disputes between individuals, businesses, or other organizations • Outcome: fine or money award as opposed to jail • Encompasses: property, contracts, family relations, and torts (a civil wrong) Branches of American Law Private and Public • Public law deals with relations between the govt and its citizens • Regulation of the legal system • Four categories - Constitutional law - International law - Criminal law - Administrative law • Administrative law involves the rules and regulations that agencies make • Most law that applies to food quality and safety falls under administrative law