Sources of Law
What type of law is created by Congress/state legislatures for a specific purpose?
Oldest school of thought
Leans on morals and ethical principles
What is natural law
Branch of law that deals with wrongful acts committed against society
What is Criminal Law
What does "Court's Opinion" mean?
Written explanation of a courts decision
Where are existing federal statutes found?
Organized by subject and titles.
The United States Code (USC)
What are the five primary sources of U.S. law?
Common Law
Court Decisions
Constitution
Administrative Law
Statutory Law
The law is the law...no outside factors should be taken into consideration
What is Legal Positivism
Covers disputes between persons, or persons and businesses
What is Civil Law
Unanimous Opinion
Rules and Regulations created and passed by administrative agencies are compiled in the:
Code of Federal Regulations
What are the 3 roles of the administrative agency
1- create and enforce laws
2- investigate potential violations
3- set penalties for those violating their laws
Laws are set in place but we should also take outside factors into account when deciding cases.
Legal Realism
This legal system was based off Roman Civil Law
The primary source of law are statutes, NOT court decisions
What is Civil Codified Law
A justice agrees with the majority's final decision but disagrees with its reasoning, thus they write a separate opinion.
A law student needs to research a state appellate court decision. What legal publication will they find it?
Reports/Reporters
Explain binding authority
A lower court must follow a relevant decision made by a higher court
Various philosophies a judge may use in deciding cases
What is Jurisprudence
A state law specifies the rules for filing a workers compensation claim/lawsuit and the procedures for submitting evidence in court
What is Procedural Law?
A justice disagrees with the majority's decision and writes their own opinion explaining their legal reasoning.
What is a dissenting opinion?
A private company publishes state appellate court decisions in a series of reporters organized by geographic region of the United States is called?
National Reporter System (NRS)
A judge is deciding a case of first impression. For guidance, they use a law review article.
What can we call that article?
Secondary source of law
Persuasive authority
Define the Historical School of Thought
Laws are shaped by historical past practices based on custom & traditions
This classification of law establishes the legal rights, duties, and obligations of people.
"The Law Itself"
What is Substantive Law?
Court opinion is issued but there are no justices names attached to the explanation.
What is Per Curium
When the Federal Govt (Congress) FIRST passes a law, they are collected in a publication titled.....
United States Statutes at Large