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Types and Sources of Law
Chapter 1
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.
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Objectives
• Distinguish between laws, standards, and codes.
• Identify differences in jurisdiction between federal,
state, and local government.
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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
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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
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Law Defined
• Must be obeyed and followed by citizens subject
to sanctions or legal consequences
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Sources of Laws
• From three levels of government
1. Federal
2. State
3. Local
• County
• Regional district
• City or town
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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
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Ordinances
• Laws passed by local legislatures
– City or town councils
– Must comply with state constitutions and U.S.
Constitution
– Cannot violate any state statutes
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Regulations
• Laws created by administrative agencies
– Administrative agencies exist on federal, state, and
local level
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OSHA
FCC
EPA
FAA
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Regulations
• Federal regulations are codified in Code of Federal
Regulations
– Abbreviated CFR
– Example
• 29 CFR 1910.120
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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
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Case Law
• Limitation 2: Cases are binding on courts in same
jurisdiction and at same or lower level
– Complex area
– Many exceptions to the rule
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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
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Less Common Sources of Law
• Executive orders
• Foreign treaties
• Lawful orders of a court
– Examples
• Injunctions
• Temporary restraining orders
• Subpoenas
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Constitutions and Charters
• U.S. government and each state has a constitution
– Local governmental entities usually have charters
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Primary Sources of Law
Federal
State
Local
Constitution
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
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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
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Organization of Government
Constitution
Executive Legislative Judicial
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Executive Branch
• Runs daily operations of government
• Enforces law
• Examples
– President – federal level
– Governor – state level
– Mayor – local level
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Legislative Branch
• Makes laws
• Imposes taxes
• Examples
– Congress
– State legislature
– City/town council
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Judicial Branch
• Interprets law
• Resolves disputes over application and
interpretation of the law
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Separation of Powers
• Important principle underlying our form of
government
• Purpose: No branch of government can intrude
on, or exercise authority of, another branch
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Role of Administrative Agencies
• Legislate
– Pass regulations
• Enforce laws
– OSHA, EPA
• Adjudicate
– Hold hearings
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Administrative Agencies
• Created by the legislature
– Enabling Act
• Operate under the legislative branch
– All administrative agencies
– Run day-to-day operations of government
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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
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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
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Standards and Codes
• Codes
– Confusing name
– Bodies of laws
• Fire code
• Criminal code
– Compilations of standards
• National Electrical Code (NFPA)
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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
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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
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Jurisdiction
• 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
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Jurisdiction
• State jurisdiction
– All powers not delegated to federal government in
the Constitution
– Broad police powers
• Local jurisdiction
– Exercise authority granted by state
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Summary
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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
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