Five Main Sources of Law Chapter 1

(1.) Constitutional Law Constitution – a country’s formal document that spells out the principles by which its government operates. U.S. Constitution is most basic law. State Constitutions are not the same as the U.S. Constitution. They are usually longer and more detailed than the U.S. Constitution.

U.S. Constitution Article I – sets up legislative branch. Article II – sets up executive branch. Article III – sets up judicial branch. Article IV – states must accept laws of other states. Article V – How amendments can be added. Article VI – Supremacy Clause. U.S. Constitution and laws of United States are highest in the country.

(2.) Common Law Common Law – a set of laws made by the courts which provide a series of consistent rules that later courts must follow. Originated in England, not used as much as it was in the past. Parts of common law are still used in some states. Precedent – a past case that a court follows when making a present decision. Stare Decisis – let the decision stand. Process of relying on past court cases.

(3.) Civil Law Civil Law – non-criminal law and is based on statutes. Originated in Europe with the framework of Roman Law. Statutes – a law passed by a government body that has been made for the purpose of creating laws.

Statutes They are created when a proposed bill is passed and signed by Governor (state) or President (federal) Statutes can declare law on an issue. Statutes can order someone to do something. (Wear seatbelts, pay taxes) Statutes can order someone not to do something. (murder is crime)

Statutes Con’t. Federal – laws passed by Congress and signed by the President. Commerce Clause – power for Congress to make laws pertaining to commerce (business) between two states. State – can make their own, but cannot conflict with federal. UCC – Uniform Commercial Code. Most statutes relating to business are the same in all 50 states.

Ordinance Ordinance – local governments (cities/towns) can enact laws that affect its citizens. Examples include: overnight parking, curfew, zoning, animals (types/restrictions), sidewalk, noise, etc.

(4.) Case Law Case Law – courts make the law through the following three ways: #1 Common Law – decisions made by the highest court of that state must be followed by all other courts in the state. #2 Interpreting Law – Courts have to figure out what a statute means, when one is confusing. Must be part of a case in order to be interpreted. #3 Judicial Review – courts can decide whether laws conflict with the constitution.

(5.) Administrative Law Adm in. Law – the body of rules created by government agencies. Congress and state legislatures do not have knowledge in every field, nor do they have the time to do all that they are supposed to. Agencies are created and given power to regulate certain activities. Example: Federal Communications Commission – regulates radio, television and cable companies.

International Law Not a major source of law in the U.S. Int’l treaties signed by the U.S. carry the same weight as a federal statute. Everyone in the U.S. must follow any treaty the U.S. has signed. Int’l Trade Agreements: not binding, but provide recommendations for how countries should interact within the international community.