buslaw02-sources of law

8/9/2019 Buslaw02-Sources of Law

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1. Enumerate the objectives of the law.2. Outline the content of the U.S.

Constitution.

3. Explain the role of state constitutions inthe legal system.

4. Discuss the principle of supremacy.

SOURCES OF THE LAW

Chapter Outcomes:

Chapter 2


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5. Explain the role of statutory law in the legal

system.

6. Defend the need to set up a system of

uniform state laws.

7. Describe the role of common law in the legal

system.

SOURCES OF THE LAWChapter 2

Chapter Outcomes (continued):


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8. Describe how the principle ofstare decisis

provides stability to our legal system.

9. Differentiate between statutory interpretationand judicial review.

10. Account for the legislatures need to

establish administrative regulations.

SOURCES OF THE LAWChapter 2

Chapter Outcomes (continued):


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The Purpose of the Law

The law consists of rules of conductestablished by the government to

maintain harmony, stability, and

justice within a society.

22--11


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22--11

2. The balance among the objectives ofthe law is easy to maintain.

Topic Quiz

FALSE

Answer the following true/false questions:

It is not easy to maintain.


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22--11

3. The law will never enforce one groupsrights at the expense of another

groups rights.

Topic Quiz

FALSE


At times it will.


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Constitutional LawThe Articles of Confederation

The Principles of the UnitedStates Constitution

The Structure of the United

States Constitution

State Constitutions

The Principle of Supremacy

22--22


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LawLINKS

Chapter 2Chapter 2

The Bill of Rights can be accessed at

http://lcweb2.loc.gov/const/bor/html

The other amendments to the United States

Constitution can be accessed at

http://lcweb2.loc.gov/const/amend.html


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22--22

1. Since the United States has a national

constitution, which provides the organization

of the federal government, there is no need for

the states to have their own constitutions.

Topic Quiz

FALSE


State constitutions establish state

governments.


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22--22

2. The Constitution of the United States is

based on one fundamental principle, that is,

the separation of powers principle.

Topic Quiz

FALSE


It is based on separation of powers, and

checks and balances.


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22--22

3. Under the principle of constitutionalsupremacy, only federal laws must be in

line with constitutional principles.

Topic Quiz

FALSE


All other laws must be in line.


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Statutory Law

Codes and TitlesUniform Laws

The Uniform Commercial Code

22--33


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LawLINKS

Chapter 2Chapter 2

Fedlaw maintains a website at

http://www.legal.gsa.gov/


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22--33

1. Statutes may prohibit certain

activities, demand the

performance of some activity, or

declare something.

Topic Quiz

TRUE



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22--33

2. In general, codes are subdivided

into titles, titles are subdivided

into chapters, and chapters are

subdivided into sections.

Topic Quiz

TRUE



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22--33

3. The Uniform Commercial Code has

been adopted in its entirety in theDistrict of Columbia, the Virgin Islands,

Puerto Rico, and all fifty states.

Topic Quiz

FALSE


All but Louisiana.


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Court Decisions

22--44

Common Law

Statutory Interpretation

Judicial Review


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22--44

1. The term common law comes from the

attempts of early French kings toestablish a body of law that all the courts

in France would hold in common.

Topic Quiz

FALSE


It came from English kings and courts.


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22--44

2. Binding precedent is a model

case that a court must followwhen facing a similar situation.

Topic Quiz

TRUE



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22--44

3. Most courts are free to interpret a

statute even if they are not faced with acase involving that statute.

Topic Quiz

FALSE


Only if they are faced with it.


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Administrative Regulations

22--55

Administrative Agencies

Administrative Procedures Act


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22--55

1. To broaden the power of

statutory law, legislators

delegate their power to others by

creating administrative agencies.

Topic Quiz

TRUE



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22--55

2. The rules and regulations created byadministrative agencies do not have the

force of law.

Topic Quiz

FALSE


They do.


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22--55

3. Most states have adopted the

Model State Administrative

Procedures Act.

Topic Quiz

TRUE



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22--11 The law consists of rules of conduct established

by the government to maintain harmony,

stability, and justice within a society.

A constitution is the basic law of a nation or

state.

22--22

SUMMARY

22--33 The laws passed by a legislature are known as

statutes.


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22--44 Courts make law through common law, the

interpretation of statutes, and judicial review.

SUMMARY

Federal administrative agencies administer

statutes enacted by Congress in specific areas,

such as commerce, communication, aviation,

labor relations, and working conditions.

22--55


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Key Terms

administrative law codebinding precedent common law

constitution constitutional law

judicial review precedent

statutes titlesUniform Commercial Code

persuasive precedent

Chapter 2Chapter 2


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Investigating on the InternetAccess the U.S. Historical Documents

Archive at

http://www.one.net/~mweiler/ushda/ushda.

htm

Write a research paper about one of the

major U.S. historical documents listedthere. As an alternative assignment, trace

the evolution of American political thought

as presented in these major documents.

Chapter 2Chapter 2


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Endof Presentation