1. OBE-118, Section 3 Fall 2004 John McKinsey
Types of Law
We are looking at the types of law from the perspective of how they are created, where they come from.
OBE-118, Section 3
Fall 2004
John McKinsey

2. Three Types of Law
We care as much about where the law came from (who or what created it) as we do what the law is.
Fundamentally, we can say law comes from three sources:
Legislative process
Court-made law
Agency-made law

3. Statutory Law Legislature or Congress: then Executive Approval or Veto
What limits the authority of a State to make laws?
What limits the authority of the Federal government to make laws?

4. Court-Made Law (Common Law)
Common law is the law made by courts.
Common law began before there were American courts – with the courts of England.
Common law evolves narrowly, slowly, with occasional major decisions.
A court decides the specific issue before it and no more.

5. Stare Decisis and Precedent
Generally courts follow previous decisions – creates predictability
Courts will also, however, deviate when circumstances require – provides flexibility
courts look upon a different court’s decision with a more critical approach
A court must follow the precedent from courts above it
The court might even change its mind

6. But law is more complex….
Courts interact with statutory law (and thus the legislative process) creating a constantly changing, evolving face of law.
Legislatures and Executives
Courts
A Law

7. The Evolution of Law 1964 Civil Rights Act Griggs v. Duke Power
When it is not related to job performance it is illegal
Wards Cove Packing
When it does not significantly serve a legitimate business goal
1992 Civil Rights Act
When is a company practice that has a discriminatory effect illegal employment discrimination?

8. Administrative Law (Regulation)
Actually the most relevant topic we have hit yet!
Admin law is agency law
Agencies are incredibly powerful and can do great or terrible things to individuals and businesses

9. Administrative Agencies
Sub-branches of government
Typically created by an enabling statute
Federal, state and local branches
Main classification task:
Executive Departments versus Independent Administrative Agencies

10. Types of Administrative Agencies
Executive Departments
Part of the executive branch of the government and thus carry out functions of government
Example:
Cabinet-level departments of US President

11. Types of Administrative Agencies
Independent Administrative Agency
Agencies somewhat independent of all three branches of government
Still part of executive branch of government
Not directly controlled by executive or legislative branches
Usually run by a board or commission
Board members or commissioners serve for a fixed term

12. Next Week
We finish our foundation by rounding out agencies and looking at how disputes are resolved (in court and outside of court)