chapter 1 law

substantive law

(all laws that define, describe, regulate, and create legal rights and obligations) (Page 6). **laws that define and regulate rights and duties

procedural law

(all laws that establish the methods of enforcing the rights established by substantive law).(Page 6).

rescission

(cancellation) of the contract, thereby returning the parties to the positions that they held prior to the contract's formation.(Page 6).

defendant

(the person against whom a lawsuit is brought) to perform within the terms of a contract. A court of law could not issue such an order because its remedies were limited to payment of money or property as compensation for damages.(page 6)

plaintiffs

(those bringing lawsuits) had to specify whether they were bringing an "action at law" or an "action in equity," and they chose their courts accordingly. (Page 6).

Online Obscenity

Portions of the Communications Decency Act of 1996 were struck as unconstitutional. The "community" of the Internet is "nationwide"—too large for applying the "standards of the community" test. The Child Online Protection Act of 1998 has been suspended. The Children's Internet Protection Act of 2000, which requires libraries to use filters, was held not unconstitutional. ***Some of Congress' attempts to protect children from online pornography have been ruled unconstitutional restrictions on free speech. Communications Decency Act (1996). COPA (1998-challenged, in court). Children's Internet Protection Act-CIPA-(2000) requires filters for computers in public libraries and public schools. Court held it is constitutional.

Secondary sources of law

Resources that summarize or interpret the law but are not law themselves books and articles that summarize and clarify the primary sources of law. Legal encyclopedias, compilations (such as Restatements of the Law, which summarize court decisions on a particular topic), official comments to statutes, treatises, articles in law reviews published by law schools, and articles in other legal journals are examples of secondary sources of law. Courts often refer to secondary sources of law for guidance in interpreting and applying the primary sources of law discussed here. (Page 4).

MARSHALL'S DECISION

Sitting as chief justice on the Supreme Court was John Marshall, an advocate of a strong na-tional government. In his decision, Marshall defined the word commerce as used in the commerce clause to mean all commercial intercourse—that is, all business dealings that affect more than one state. The Court ruled against Ogden's monopoly, reversing the injunction against Gibbons. Marshall used this opportunity not only to expand the definition of commerce but also to validate and increase the power of the national legislature to regulate commerce. Said Marshall, "What is this power? It is the power . . . to prescribe the rule by which commerce is to be governed." Marshall held that the power to regulate interstate commerce was an exclusive power of the national government and that this power included the power to regulate any intrastate commerce that substantially affects interstate commerce

Primary sources of law,

Sources that establish the law (pg3) The U.S. Constitution and the constitutions of the various states. Statutes, or laws, passed by Congress and by state legislatures. Regulations created by administrative agencies, such as the U.S. Food and Drug Administration. Case law (court decisions).(Page 4).

Corporate Political Speech

Speech that otherwise would be protected does not lose that protection simply because its source is a corporation. For example, corporations cannot be entirely prohibited from making political contributions that individuals are permitted to make. Corporations may, however, be prohibited from using corporate funds to make independent expressions of opinion about political candidates. ***Corporations and unions now have broader rights to support candidates. See Citizens United v. FEC (2010).

police powers

State regulatory powers The term encompasses not only the enforcement of criminal law but also the right of state governments to regulate private activities in order to protect or promote the public order, health, safety, morals, and general welfare.(Page 9).

The "Dormant" Commerce Clause

States do not have the authority to regulate interstate commerce. When state regulations impinge on interstate commerce, the state's interest in the merits and purposes of the regulation must be balanced against the burden placed on interstate commerce. It is difficult to predict the outcome in a particular case **State police powers or regulations that substantially interfere with interstate commerce will be struck down

Classifications of Law

Substantive law defines, describes, regulates, and creates rights and duties. Procedural law includes rules for enforcing those rights. Other classifications include splitting law into federal and

Substantive vs. Procedural Law

Substantive: laws that define and regulate rights and duties. Procedural: laws that establish methods for enforcing and protecting rights

EARLY ENGLISH COURTS

The English system unified its local courts after 1066. This unified system, based on the decisions judges make in individual cases, is the common law system. The common law sys-tem involves the consistent application of principles applied in earlier cases with similar facts ***King's courts started after Norman conquest of 1066. Established the common law—body of general legal principles applied throughout the English empire. King's courts used PRECEDENT to build the common law

courts of law,

The kinds of remedies available in the early king's courts of England were severely restricted. If one person wronged another, the king's courts could award as compensation either money or property, including land. (Page 6).

classifications of law

The law may be broken down according to several classification systems, such as substantive or procedural law, federal or state law, and private or public law. Two broad classifications are civil and criminal law, and national and international law. Cyberlaw is not really a classification of law but a term that is used for the growing body of case law and statutory law that applies to Internet transactions.(Page 16).

case law.

The rules of law announced in court decisions. Case law includes the aggregate of reported cases that interpret judicial precedents, statutes, regulations, and constitutional provisions. (pg 5) the doctrines and principles announced in cases—governs all areas not covered by statutory law or administrative law and is part of our common law tradition.(Page 5).

Stare Decisis and Legal Stability

This doctrine permits a predictable, quick, and fair resolution of cases, which makes the application of law more stable.

The Merging of Law and Equity

Today, in most states, a plaintiff may request both legal and equitable remedies in the same action, and the trial court judge may grant either form—or both forms—of relief. ****Today, legal and equitable remedies are found in the same court.

United States Code Annotated (U.S.C.A.).

U.S.C.A. contains the complete text of laws included in the U.S.C., notes of court decisions that interpret and apply specific sections of the statutes, and the text of presidential proclamations and executive orders. The U.S.C.A. also includes research aids, such as cross-references to related statutes, historical notes, and library references.(Page 19).

Finding Statutory and Administrative Law

United States Code (USC). State Statutes. Code of Federal Regulations (CFR).

CASE 1.3 Trunk v. City of San Diego (2011).

What was the Supreme Court's rationale for ordering the cross removed?

United States Statutes at Large

When Congress passes laws, they are collected in a publication titled(Page 19).

When There Is No Precedent

When determining which rules and policies to apply in a given case, and in applying them, a judge may examine: prior case law, the principles and policies behind the decisions, and their historical setting; statutes and the policies behind a legislature's passing a specific statute; society's values and custom; and data and principles from other disciplines.

equality

a branch of law, founded on what might be described as notions of justice and fair dealing, that seeks to supply a remedy when no adequate remedy at law is available. (Page 6).

precedent

a court decision that furnished an example or authority for deciding subsequent cases involving identical or similar legal principles or facts.(Page 5).

precedent

a court decision that furnished anexample or authority for deciding subsequent cases involving identical or similar legal principles or facts.(Page 5).

uniform laws

drafted in 1892 by the National Conference of Commissioners on Uniform State Laws (NCCUSL) Each state has the option of adopting or rejecting a uniform law. Only if a state legislature adopts a uniform law does that law become part of the statutory law of that state. Note that a state legislature may adopt all or part of a uniform law as it is written, or the legislature may rewrite the law however the legislature wishes. Hence, even though many states may have adopted a uniform law, those states' laws may not be entirely "uniform."(Page 4). **Uniform laws are created by panels of experts and scholars and adopted at the option of each state's legislature

civil law system

a legal system based on a written code of laws.(Page 7).

ordinance

a local law (laws, rules, or orders) passed by municipal or county governing units to govern matters not covered by federal or state law. Ordinances commonly have to do with city or county land use (zoning ordinances), building and safety codes, and other matters affecting only the local governing unit.(Page 4).

binding authority

any source of law that a court must follow when deciding a case. Binding authorities include constitutions, statutes, and regulations that govern the issue being decided, as well as court decisions that are controlling precedents within the jurisdiction. United States Supreme Court case decisions, no matter how old, remain controlling until they are overruled by a subsequent decision of the Supreme Court, by a constitutional amendment, or by congressional legislation.(Page 5).

United States Code (U.S.C.)

arranges all existing federal laws of a public and permanent nature by subject. Each of the fifty subjects into which the U.S.C. arranges the laws is given a title and a title number.(Page 19).

international law

defined as a body of written and unwritten laws observed by independent nations and governing the acts of individuals as well as governments. International law is an intermingling of rules and constraints derived from a variety of sources, including the laws of individual nations, the customs that have evolved among nations in their relations with one another, and treaties and international organizations.(Page 8). **International law includes written and unwritten laws that independent nations observe. Sources include treaties and international organizations. **body of written and unwritten laws observed by nations when dealing with each other

injunction

directing a party to do or refrain from doing a particular act.(Page 6).

Stare decisis has two aspects:

first, decisions made by a higher court are binding on lower courts; and second, a court should not overturn its own precedents unless there is a strong reason to do so. (Page 5).

symbolic speech

gestures, movements, articles of clothing, and other forms of expressive conduct—is also given substantial protection by the courts. The test is whether a reasonable person would interpret the conduct as conveying some sort of message.(Page 11). **Free speech also includes "symbolic" speech, including gestures, movements, articles of clothing

Remedy at Law

in king's courts, remedies were restricted to damages in either money or property

Constitutional law

law that involves the interpretation and application of the U.S. Constitution and state constitutions (pg 4) The law as expressed in the U.S. Constitution and the various state constitutions. ***The U.S. Constitution is the supreme law of the land.**** State constitutions are supreme within state borders to the extent that they do not violate the U.S. Constitution or a federal law.(Page 16). **The federal constitution is a general document that distributes power among the branches of the government. It is the supreme law of the land. Any law that conflicts with it is invalid. The states also have constitutions, but the federal constitution prevails if their provisions conflict

constitutional law

law that involves the interpretation and application of the U.S. Constitution and state constitutions pg 4

national law

law. National law, of course, varies from country to country because each country's law reflects the interests, customs, activities, and values that are unique to that nation's culture. Even though the laws and legal systems of various countries differ substantially, broad similarities do exist.(Page 7). ***laws of a particular nation. Civil vs. Common Law: Civil law countries based on Roman code (e.g., Latin America).

special preformance

order to perform what was promised page 6

Obscene Speech

patently offensive, violates community standards and has no literary, artistic, political or scientific merit.

stare decisis

practice of deciding new cases with reference to former decisions, or precedents, eventually became a cornerstone of the English and U.S. judicial systems.(page 5) A doctrine under which judges "stand on decided cases"—or follow the rule of precedent—in deciding cases. Stare decisis is the cornerstone of the common law tradition.(Page 16). ***Stare decisis is a doctrine that prescribes following earlier judicial decisions in deciding a current case if the facts and questions are similar. Courts attempt to be consistent with their own prior decisions and with the decisions of courts superior to them. Stare decisis is important because part of the function of law is to maintain stability. If the application of the law was unpredictable, there would be no consistent rules to follow and no stability ***Importance of Precedents: Practice of deciding new cases based on precedent. A higher court's decision based on certain facts and law, is a binding authority on lower courts. Stare Decisis and Legal Stability. Departures from Precedent. When there is No Precedent >let the thing stand>>

cyberlaw

refer to the emerging body of law that governs transactions conducted online. Cyberlaw is an informal term used to describe traditional legal principles that have been modified and adapted to fit situations that are unique to the online world.(Page 7). **informal term that describes the body of case and statutory law dealing specifically with issues raised by Internet transactions ***internet transactions

filtering software

software is designed to prevent persons from viewing certain Web sites by responding to a site's Internet address or its meta tags, or key words.(Page 12).

remedy

the means given to a party to enforce a right or to compensate for the violation of a right.(Page 6). remedy is the means by which a court enforces a right or compensates for a violation of a right. Courts typically grant legal remedies (monetary damages) but may also grant equitable remedies (specific performance, injunction, or rescission) when the legal remedy is inadequate or unavailable.(Page 16). **means to enforce a right or compensate for injury to that right.

criminal law

with wrongs committed against society for which society demands redress. Criminal acts are proscribed by local, state, or federal government statutes (Page 7). **regulates relationships between individuals and society, and prescribes punishment for proscribed acts *public wrongs against society

Reasonable Restrictions

A balance must be struck between the government's obligation to protect its citizens and those citizens' exercise of their rights. If a restriction imposed by the government is content neutral (aimed at combating a societal problem such as crime, not aimed at suppressing expressive conduct or its message), then a court may allow it

The Importance of Precedents in Judicial Decision Making

A court's application of a specific principle to a certain set of facts is binding on that court and lower courts, which must then apply it in future cases. A controlling precedent is binding authority. Other binding authorities include constitutions, statutes, and rules

Procedural Due Process

A government decision to take life, liberty, or property must be made fairly. Fair procedure has been interpreted as requiring that the person have at least an opportunity to object to a proposed action before a fair, neutral decision maker (who need not be a judge).

Departures from Precedent

A judge may decide that a precedent is incorrect, however, if there may have been changes in technology, for example, business practices, or society's attitudes.

CASE LAW AND COMMON LAW DOCTRINES

Another basic source of American law consists of the rules of law announced in court decisions. These rules include judicial interpretations of constitutional provisions, of statutes enacted by legislatures, and of regulations created by administrative agencies ***Much of the common law is still used today. ***Common law governs all areas not specifically covered by statutory or constitutional law. ***Restatements of the Law: modern compilations of common law principles found, e.g., in contracts, torts, property and agency

The Regulatory Powers of the States

Another problem that arises under the commerce clause concerns a state's ability to regulate matters within its own borders. As part of their inherent sovereignty, states possess police power, and state laws enacted pursuant to a state's police powers carry a strong presumption of validity.

persuasive authorities.

Any legal authority or source of law that a court may look to for guidance but need not follow when making its decision.

commerce clause

Article I, Section 8, of the U.S. Constitution expressly permits Congress "to regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes." This clause (Page 8). ***The commerce clause is a provision in the Constitution authorizing Congress to regulate commerce with foreign nations, commerce between states, and commerce that affects interstate commerce. The commerce clause has had a greater impact on business than any other provision in the Constitution. This power ensures uniformity of the law concerning the movement of goods through the states. The breadth of the power allows the federal government to legislate in areas in which there is no express grant of power to Congress

Civil Law and Criminal Law

Civil: private rights and duties between persons and government. Criminal: public wrongs against society.

Unprotected Speech

Constitutional protection has never been afforded to certain classes of speech—"the lewd and obscene, the profane, the libelous, and the insulting or 'fighting' words—those which by their very utterance inflict injury or tend to incite an im-mediate breach of the peace." ***U.S. Supreme Court has held that certain speech is NOT protected: Defamatory speech. Threatening speech that violates criminal laws. U.S. Supreme Court has held that certain speech is NOT protected: Fighting Words.

CASE 1.1 Family Winemakers of California v. Jenkins (2010

Did the State of Massachusetts discriminate against out-of-state wineries?

Remedies in Equity

Equity is a branch of unwritten law founded in justice and fair dealing and seeking to supply a fairer and more adequate remedy than a remedy at law. A court of equity can order specific performance, an injunction, or rescission of a contract. ***based on justice and fair dealing a chancery court does what is right.

commercial clause

Expressly permits Congress to regulate commerce. That power authorizes the national government, at least theoretically, to regulate every commercial enterprise in the United States. Under their police powers, state governments may regulate private activities to protect or promote the public order, health, safety, morals, and general welfare.(Page 16). ****U.S. Constitution gives Congress the power to: "regulate Commerce with foreign Nations, and among the several States, and with the Indian tribes" (Art. 1 § 8). Greatest impact on business than any other Constitutional provision The national government had the exclusive power to regulate interstate commerce. Gibbons v. Ogden (1824). Commerce Today: Commerce Clause applies to e-commerce internet transactions Regulatory Powers of the States: often referred to as "police" powers. State laws enacted pursuant to a police power are given a strong presumption of constitutionality

due process clause

Fifth and Fourteenth Amendments. Both the Fifth and the Fourteenth Amendments provide that no person shall be deprived "of life, liberty, or property, without due process of law." (page 15) ***both guarantee that "no person shall be deprived of life, liberty, or property without due process of law

First Amendment—Freedom of Religion

First amendment guarantees that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof

Commercial Speech

Freedom-of-speech cases generally distinguish between commercial and noncom-mercial messages. Commercial speech is not protected as extensively as noncommercial speech. Even if commercial speech concerns a lawful activity and is not misleading, a restriction on it will generally be considered valid as long as the restriction (1) seeks to implement a substantial government interest, (2) directly advances that interest, and (3) goes no further than necessary to accomplish its objective *****CASE 1.2 Bad Frog Brewery, Inc. v. New York State Liquor Authority (2003). Did the State unconstitutionally restrict commercial speech when it prohibited a certain gesture (illustration) on beer labels?

Equitable Remedies and Courts of Equity

***Remedy: Remedy at Law Remedies in Equity Merging of Law and Equity

Breach

break or fail to perform (pg 3)

Twenty-First Amendment to the U.S. Constitution

"transportation or im-portation into any State, Territory, or possession of the United Sates for delivery or use therein of intoxicating liquors, in violation of the laws thereof, is hereby prohibited." Doesn't this allow states to enforce discriminatory liquor regulations? No. State regulation of alcohol is limited by the non-discrimination principle of the commerce clause. State laws violating other provisions of the Constitution are not saved by the Twenty-First Amendment, which does not abrogate Congress's commerce clause power with regard to liquor. The purpose of the Twenty-First Amendment was not to empower individual states to favor local liquor industries by restricting out-of-state competitors.

Material is obscene if

(1) the average person finds that it violates contemporary community standards; (2) the work taken as a whole appeals to a prurient interest in sex; (3) the work shows patently offensive sexual conduct; and (4) the work lacks serious redeeming literary, artistic, political, or scientific merit. Aside from child pornography, however, there is little agreement about what material qualifies as obscene.

citation

(a reference to a publication in which a legal authority—such as a statute or a court decision—or other source can be found).(page 4)

jurisdiction

(an area in which a court or courts have the power to apply the law—page 5

Set of promises

***A contract may consist of a single promise by one person to another, or of mutual promises by two persons to one another; or there may be, indeed, any number of persons or any number of promises. One person may make several promises to one person or to several persons, or several persons may join in making promises to one or more persons. To constitute a "set," promises need not be made simultaneously; it is enough that several promises are regarded by the parties as constituting a single contract, or are so related in subject matter and performance that they may be considered and enforced together by a court.

Constitutional Law

***Found in text and cases arising from federal and state constitutions. ***U.S. Constitution is the supreme law of the land

The Commerce Clause and the Expansion of National Powers

***The Constitution expressly provides that Congress can regulate commerce with foreign nations, interstate commerce, and commerce that affects interstate commerce. This provision—the commerce clause—has had a greater impact on business than any other provision in the Constitution. This power was delegated to the federal government to ensure a uniformity of rules governing the movement of goods through the states.

The American Law Institute (ALI)

***a group of American legal scholars, is responsible for the Restatements. These scholars also work with the National Conference of Commissioners on Uniform State Laws on some of the uniform state laws. Members include law educators, judges, and attorneys. Their goal is to promote uniformity in state law to encourage the fair administration of justice.

Contract

***a promise or a set of promises for the breach of which the law gives a remedy, or the performance of which the law in some way recognizes as a duty

law

***of enforceable rules governing relationships among individuals and between individuals and their society. These "enforceable rules" may consist of unwritten principles of behavior established by a nomadic tribe.(pg 2)

Business and the Bill of Rights

1791: Ten written guarantees of protection of individual liberties from government interference. Originally, Bill of Rights only applied to the federal government. Recently, the Bill of Rights was "incorporated" and applied to the States as well. Some protections apply to businesses. `

free exercise clause

2nd part of the constitution Government action, both federal and state, must be consistent with this constitutional mandate.(Page 13). ***Under the free exercise clause, the government cannot prohibit the free exercise of religious practices. In other words, a person cannot be compelled to do something contrary to his or her religious beliefs. Another issue involves the accommodation that businesses must make for the religious beliefs of employees ***person can believe what he wants, but actions may be unconstitutional

Substantive Due Process

If a law or other governmental action limits a fundamental right, it will be held to violate substantive due process unless it promotes a compelling or overriding state interest. Fundamental rights include interstate travel, privacy, voting, and all First Amendment rights. Compelling state interests could include, for example, the public's safety. In all other situations, a law or action does not violate substantive due process if it rationally relates to any legitimate governmental end

curiae regis.

Kings Court (beginning of common law) country. The king's courts sought to establish a uniform set of rules for the country as a whole. What evolved in these courts was the beginning of the common law(Page 5).

Natural Law

Law consists of enforceable rules governing relationships among individuals and between individuals and their society. In a study of jurisprudence, this definition can be a point of departure for scholars and philosophers. All legal philosophers agree that logic, ideals, history, and custom influence the development of the law. They disagree about the importance of each ***National law is the law of a particular nation. Laws vary from country to country, but generally each nation has either a common law or civil law system. A common law system, like ours, is based on case law. A civil law system is based on codified law (statutes). A third system is influenced by sharia, the religious law of Islam

substantive law

Law that defines, describes, regulates, and creates legal rights and obligations. page 6 ***focuses on the content or the legislation (the right itself).

Statutory Law

Laws enacted by legislative bodies at any level of government, such as the statutes passed by Congress or by state legislatures, make up the body of law generally (Page 4). Laws or ordinances created by federal, state, and local legislatures and governing bodies. None of these laws can violate the U.S. Constitution or the relevant state constitutions. Uniform laws, when adopted by a state legislature, become statutory law in that state.(Page 16). **Congress and state legislatures enact statutes, and local legislative bodies enact ordinances. Much of the work of courts is interpreting what lawmakers meant when a law was enacted and applying that law to a set of facts (a case ****Laws enacted by federal and state legislatures. Local ordinances. Uniform Laws. ***Uniform Commercial Code (UCC)*** adopted in most states for buisn.

statutory law

Laws enacted by legislative bodies at any level of government, such as the statutes passed by Congress or by state legislatures, make up the body of law generally (Page 4).

Uniform Commercial Code (UCC),***

The UCC was first issued in 1952 and has been adopted in all fifty states, the District of Columbia, and the Virgin Islands. The UCC facilitates commerce among the states by providing a uniform, yet flexible, set of rules governing commercial transactions.(Page 4). **The Uniform Commercial Code (UCC) provides a uniform flexible set of rules that govern most commercial transactions. The UCC has been adopted by all the states (only in part in Louisiana), the District of Columbia, and the Virgin Islands.

The Commerce Power Today

The breadth of the power was interpreted to permit the federal government to legislate in areas in which there is no explicit grant of power to Congress. In the 1990s, the United States Supreme Court began to limit this power, but it still serves as the basis for much federal legislation.

year books

The earliest law reports of England.(page 5)

establishment clause

The first part of this constitutional provision The establishment clause prohibits the government from establishing a state-sponsoredreligion, as well as from passing laws that promote (aid or endorse) religion or show a preference for one religion over another. The establishment clause does not require a complete separation of church and state, though. On the contrary, it requires the government to accommodate religions. The establishment clause covers all conflicts about such matters as the legality of state and local government support for a particular religion, government aid to religious organizations and schools, the government's allowing or requiring school prayers, and the teaching of evolution versus fundamentalist theories of creation. For a government law or policy(Page 13). **Under the establishment clause, the government cannot establish a religion nor promote, endorse, or show a preference for any religion. Federal or state regulation that does not promote, or place a significant burden on, religion is constitutional even if it has some impact on religion. This clause mandates accommodation of all religions and forbids hostility toward any ***no state-sponsored religion or preference for one religion over another

Bill of rights

The first ten of these amendments, adopted in 1791 (pg10) first ten amendments to the U.S. Constitution. They embody a series of protections for individuals—and in some cases, business entities—against various types of interference by the federal government. One of the freedoms guaranteed by the Bill of Rights that affects businesses is the freedom of speech guaranteed by the First Amendment. Also important are the protections of the Fifth and the Fourteenth Amendments, which provide that no person shall be deprived of "life, liberty, or property, without due process of law."(Page 16).

The First Amendment—Freedom of Speech

The freedoms guaranteed by the First Amendment have been applied to the states through the due process clause of the Fourteenth Amendment Symbolic speech (gestures, clothing, and so on) is protected. ***

common law

body of general rules that applied throughout the entire English realm. Eventually, the common law tradition became part of the heritage of all nations that were once British colonies, including the United States.(Page 5). Law that originated in medieval England with the creation of the king's courts, or curiae regis,and the development of a body of rules that were common to (or applied throughout) the land.(Page 16). **American law is based on the English common law legal system. Knowledge of this tradition is necessary to students' understanding of the nature of our legal system.

"cases of first impression,

cases arise for which there are no pre cedents within the jurisdiction. When hearing such cases, (Page 6).

3 The Common Law Tradition`

common law stare decision remedy (page 16)

administrative law,

consists of the rules, orders, and decisions of administrative agencies. An administrative agency is a federal,state, or local government agency established to perform a specific function.(Page 5). The rules, orders, and decisions of federal or state government administrative agencies.(Page 16). **Administrative law consists of the rules, orders, and decisions of administrative agencies. The creation of federal administrative agencies, agencies' powers, and the administrative process (rulemaking, investigation, and adjudication) are discussed in the text. ***Rulemaking--Rules, orders and decisions of administrative agencies, federal, state and local. Adjudication--agencies make rules, then investigate and enforce the rules in administrative hearings

4 Sources of American Law

constitutional law statutory law administrative law case law and common law (page 16)

civil law

spells out the rights and duties that exist between persons and between persons and their governments, and the relief available when a person's rights are violated. Typically, in a civil case, a private party sues another private party (although the government can also sue a party for a civil law violation) to make that other party comply with a duty or pay for the damage caused by the failure to comply with a duty.(Page 7). **regulates relationships between persons and between persons and their governments, and the relief available when their rights are violated. ***private rights and duties between persons and government