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The Five Main Sources of U.S. Law

The Five Main Sources of U.S. Law. Learning Goal. To recognize the 5 main sources of U.S. Law. What is Law???. Law : The rules of conduct established by government of a society to maintain stability and justice. The 5 Main Sources of U.S. Law. Constitutional Law (Federal and State)

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The Five Main Sources of U.S. Law

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  1. The Five Main Sources of U.S. Law

  2. Learning Goal To recognize the 5 main sources of U.S. Law

  3. What is Law??? Law: The rules of conduct established by government of a society to maintain stability and justice.

  4. The 5 Main Sources of U.S. Law • Constitutional Law (Federal and State) • Common Law • Statutory Law • Court Decisions • Administrative Regulations

  5. #1: Constitutional Law The U.S. Constitution: • Is the most fundamental law in our Country. • Spells out the principles by which the government operates. • Sets forth the fundamental rights of citizens. • Defines the limits of the federal and state governments for passing laws. • Describes the functions of the various branches and divisions of the national government.

  6. #2: Common Law In the early days of colonization, states adopted the English Common Law. • Judges or “Magistrates” traveled the countryside deciding cases on local customs and traditions. • Judges shared their decisions with other Judges, and this became the basis for “Common Law.”

  7. . . . Common Law Eventually, decisions were written down and a body of cases was developed. • Precedent – A Judge is required to follow an earlier court decision when deciding a case with similar circumstances. • Stare Decisis – “Let the decision stand”

  8. . . . Common Law • Common Law began to erode with the passing of new laws and statutes. • Parts of Common Law still exist in our Law. • Except for Louisiana! • French Common Law

  9. #3: Statutory Law Statutes – Laws specifically passed by a governing body that has been created for the purpose of making laws. Includes all laws passed by Congress, State Legislatures, Local City Councils or Town Meetings.

  10. #4: Court Decisions Courts make law in 3 ways: • Through Common Law – state court decisions become law, and other courts in the state must follow • Unless altered by a statute. • Possible to change the precedent • By Interpreting Statutes – A judge can interpret an unclear statute, only if the judge is involved in a related lawsuit. • By Judicial Review – Supreme Court can declare laws Unconstitutional.

  11. #5: Administrative Regulations Organizations created by Federal, Local, and State Legislatures for regulating individual activities. • Saves the Legislatures time • Provides an organization with expert knowledge to govern a specific field • Can be ended at any time by the Legislature. • Example = Federal Communications Commission (FCC)

  12. Learning Goal To recognize the 5 Main Sources of U.S. Law

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