Overview and Source of the Law

What does the administrative law agencies functions include?

-Rulemaking -Investigation and enforcement -Adjudication

What are the primary sources of law in the United States?

-United states constitution -State constitution -federal and state statutes -common law -case law -administrative law

Judicial process for federal laws?

1) Cases involving federal laws ---> 2) special federal courts ---> US supreme court 1) cases involving federal law ---> 2) US district courts ---->3) US courts of appeals ----> 4) US supreme court

Which source of the law take priority? 1) Federal statue vs U.S. constitution 2) Federal statue vs state constitution 3) State statue vs common law of state 4) State constitutional amendment vs federal administrative regulation 5) Federal administrative regulation vs state constitution

1) US constitution (supreme law of the land) 2) Federal statute (federal law prevails when there is a conflict) 3) State statute 4) Federal administrative regulation 5) Federal administrative regulation

Judicial process from state and local laws?

1) cases involving state and local law ----> 2) state trial courts ---> 3) state appeals court ---> 4) state supreme courts ---> 5) US supreme court

What is civil law?

Civil law spells out rights and duties and relief available for injury to private parties. -Usually money damages

What is a constitution? (definition from outline)

Constitutions define how governments, federal or state, are to be organized, and the power and responsibilities of those governments. Constitutions can also serve to protect individual liberties

What is criminal law?

Criminal is injury to the society as a whole -Usually prison and/or fines

Constitution

Document that establishes the government of a nation or a state. A constitution defines how the government is to be organized and the extent of its powers and responsibilities. A constitution can also serve to protect individual liberties.

Statue

Federal or state law enacted by elected members of the legislature

What is the supremacy clause?

If a conflict exists between federal and state law, federal law prevails

Administrative law

Law created by administrative agencies, including regulations, policies and procedures, hearings and appeals heard by the agencies. Some agencies issue guidance documents- these are not regulations and are not binding

Case law

Law created by the judiciary as a result of interpreting existing laws

What is a statute? (Definition from outline)

Statutes are created by the federal, state and local legislatures, which are comprised of elected officials who, under the applicable constitutions, have the power to create laws. Courts must apply statutes, if available, to the facts of a case. If no statute exists, courts defer to common law (see below). Statutes control over common law where two conflict.

What is the supreme law of the land?

U.S. Constitution

What is the preemption doctrine?

Under the doctrine of preemption, which is based on the Supremacy Clause, federal law preempts state law, even when the laws conflict.

When are state constitutions supreme?

Within the state borders as long as they do not violate the U.S. constitution or a federal law

What is a judge-made law?

including interpretations of constitutional provisions, of statutes enacted by legislatures, and of regulations created by administrative agencies

What is common law?

the doctrines and principles embodied in case law, governs all areas not covered by statutory law or agency regulations issued to implement various statutes. -it involves no legislation

What is statutory law? (from the slides)

- 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 applicable state constitutions. - Uniform laws, when adopted by a state legislature, become statutory law in that state.

Administrative Law from the slides

- The rules, orders, regulations, and decisions of federal, state, or local government administrative agencies. - Federal administrative agencies are created by enabling legislation enacted by the U.S. Congress.

What is stare decisis?

-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.