Primary Sources of Law- Chapter 1
State Constitutions- Primary Source
Each state has this Longer than the federal constitution Covers what the federal constitution does NOT Not mentioned in Constitution, it's a state function
Constitution- Primary Source
Establishes the structure for the federal government and to a certain extent, the state governments Gives authority to the different branches of government Establishes procedures, rights, and protections for citizens
Local Law/Ordinances (Examples) - Primary Source
Taxes, Sewage, Zoning, Etc.
Restatements of the law - Secondary Source
Treatise on specific area of the law Written by prominent people in that field (professors, experts, etc.) Explain how people should interpret the law
Administrative Law- Primary Source
Used in Various branches of government Rules and regulations -The Law when it comes to their field -Tax code Comes from an administration Federal, State, Local Necessary in business, no matter what you do
Law
A set of rules adopted by those that represent us to keep order (want the law to be fair, consistent, resolve disputes)
Common Law - Primary Source
Judge-made law Stare decision - let the decision stand Precedent - Follow the decision that was made in a prior case unless there is a reason to change it No statute, not in the constitution, but the judge still rules Set law for the region Pulling the plug on a ward of the state
Law in equity
Law considered decisions made by the court that has a legal basis Equitable remedies -Not legal -Can't build a business in a neighborhood -Honoring contracts as they are stated
Constitution- Primary Source
Primary source of law, Foundation of all Laws, Supreme law of the Land
Statutory Law- Primary Source
Statutes: laws created by legislators Legal code Federal: United States Code Kentucky: Kentucky Revised Statutes (KRS)
Model State Statutes - Secondary Source
Those with expertise in the field create a model for a law States don't have to adopt that version of the law -can use part or none Makes more uniform laws across the country -Child Custody