California Law January 21 Sources of Law

SOURCES OF LAW CONSTITUTIONS CASE LAW STATUTORY LAW ADMINISTRATIVE REGULATIONS LOCAL ORDINANCES Rules of Court

SOURCES OF LAW FEDERAL LAWS AND STATE LAWS ARE FOUND IN SEPARATE SOURCES FEDERAL LAW: U.S. CONSTITUTION, FEDERAL CASES, UNITED STATES CODES, Code of Federal Regulations, Federal and Local Rules of Court CALIFORNIA LAW: CALIF. CONSTITUTION, CALIF. CASES, CALIF. CODES, Calif. Code of Regs., State and Local Rules of Court

Review: What is a constitution? Framework for government –Power of government –Limits on government –Statement of basic individual rights

U.S. Constitution Establishes federal government –Grants powers: Express and Implied Necessary and Proper clause—power to make laws necessary and proper to carry out express powers –Limits powers All powers not given to federal government are reserved to the states Does not apply to states, unless it says so

California Constitution Establishes state government Can extend individual rights stated in U.S. Constitution—but cannot take away rights Unique feature—can be amended by electorate

Chapter 4: Finding and Using the Law What Is Case Law? Rule that results from the way an appellate court resolves a dispute between parties if found in a published decision Published = designated book publications known as case reporters Concept of Stare Decisis = Precedent

Stare Decisis Once a factual dispute is decided by a court, other courts must follow the same rule if –A. Same jurisdiction –B. The decision is from a higher court –C. The decision is published

Limits on Case Law Courts do not have general law making powers Courts interpret constitutions and statutory law Courts apply prior case decisions or common law to new factual disputes

APPELLATE PROCESS FACTUAL DISPUTE IS RESOLVED AT TRIAL COURT(NO CASE LAW RESULTS) LOSING PARTY FILES APPEAL IN INTERMEDIATE APPELLATE COURT (EXCEPTION--PROSECUTOR IN CRIMINAL CASE CANNOT APPEAL NOT GUILTY VERDICT APPELLATE COURT REVIEWS CASE AND RENDERS A WRITTEN OPINION (OPINION BECOMES CASE LAW IF PUBLISHED AND IF NO FURTHER APPEAL) LOSING PARTY CAN SEEK FURTHER REVIEW IN HIGHEST COURT (OFTEN BY FILING PETITION FOR WRIT OF CERTIORARI) IF HIGH COURT GRANTS A HEARING IT REVIEWS ACTIONS IN LOWER COURTS AND RENDERS A WRITTEN OPINION (THIS OPINION BECOMES CASE LAW IF FINAL) IF CASE LAW CONTAINS CONSTITUTIONAL ISSUE, LOSING PARTY CAN REQUEST HEARING IN U.S. SUPREME COURT IF COURT GRANTS A HEARING IT REVIEWS LOWER COURT ACTIONS AND RENDERS A WRITTEN OPINION WHICH BECOMES CASE LAW

Chapter 4: Finding and Using the Law What Is Statutory Law? Law enacted by legislature –Federal –State –Local Administrative Regulations –Regulations from agencies, usually under power given by legislature Rules of Court

Nature of Statutory Law Usually general rules, rather than factual disputes

Katzenbach v. McClung What statutory law is involved in this case? Why does the Court care about the Interstate Commerce Clause? –What is the I.C. Clause? Did Ollie’s really have an impact on Interstate Commerce? How does the concept of Federalism fit into this case?

Brown v. Board of Education Which constitutional amendment controls this case? Does the Equal Protection Clause apply to the federal government? Was Plessy v. Ferguson stare decisis here? Is Brown stare decisis for cases in Washington D.C.?