Sources
of
Law
Sources of
Law
5 main sources of law are:
•Federal & state constitutions
•Common Law
•Statutes
•Court decisions
•Administrative Law
Primary legal sources can be divided into 2 categories: legislation and case law
Legislation is the term applied to a country’s written laws. In the UK legislation usually refers to Acts of Parliament, but in its broadest sense it also includes laws made under the powers conferred by Acts of Parliament.
Case law,
the primary source of law that forms the doctrine of precedent in the English Legal System, is published in law reports.
Sources of
Law
Constitution
A country’s document which spells out the principles by which the government operates.
Sources of
Law
Common Law
Precedent - Doctrine stating that a judge is required to follow an earlier court decision when deciding a case with similar circumstances.
Sources of
Law
Statutes
Statute - laws specifically passed by a governing body
-Can order people to do something
-Ex: Pay taxes
-Can prevent people from doing something
-Ex: Discrimination
Sources of
Law
Court Decisions
Court Law is sometimes called case law.
Courts make laws in 3 ways:
-Common law tradition
-By interpreting statues (laws)
-By judicial review
.
Sources of
Law
Administrative Law
A power given by the Legislative Branch to an administrative agency with knowledge over certain fields of business or departments.
Also called Regulatory agencies
Chinese Law
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