1 / 12

Types of Law

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. 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.

jadyn
Download Presentation

Types of Law

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. 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. Courts A Law 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

  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)

More Related