Chapter 2: Sources of Law Flashcards
Federal System
Law making power exists more than one level, state and national level
National Level
Federal Law
US was a British colony for
200 years
Mercantilism Law
US raw materials were sold to the UK, turned into products and sold back to US
STATES
COME FIRST
Enumerated powers
Powers that the national government has over the states, they are limited
Supremacy Cause
Any law created by the US Congress is supreme than any other law, but the states came first
Something unconstitutional is
When its not in the enumerated powers
Hierarchy laws
Constitution
Statues of ordinances
Administrative regulations
Judicial laws (judge made)
Constitution
Higher level of legislative law
Made by legislators (Civil Law)
Statutory law made by legislators and parliament, which give the power to statutes to create administrative regulations (Common Law)
Highest Authority. Statutes, regulations and common law must not conflict with the constitution
Statutes
Statues are legislative law created by the parlament
They create categorical rules for specifical problems
They are created and adopted by the congress
Administrative regulations
Law that a group of experts make to regulate a sector of the American Economy (FDA)
Relationship between Statutes and Administrative regulations
in the US, when they have to regulate a sector of the economy that it is hard to legislate, they give this law-making power to a group of experts, this agency is created by the statute (FDA)
Juridical decisions
Often interpret or apply constitutions, statues or regulations
When law is no applicable, they apply judge- made laws (common law)
Spanish tradition: Only interpret and apply law
National hierarchy
Is identical to the state hierarchy of law
Law can be created
In the parliament or by asking people though referendums
US has ___ sovereign systems
53
4th Article of the US
“Constitution and federal laws made pursuant to the Constitution shall be the supremely of the land”
Ordinances
Laws that come from subdivisions of the state, cities, villages, etc.
7 Years War
French and Indian war
Stamp Act and Sugar Act
First taxes, rose the price of paper and sugar
Townshend Acts
Taxed paper, lead, glass and tea.
This lead to the Boston Massacre, John Adams said that in that point started the wishes for independence
Boston Tea Party
December 16 of 1773
Declaration of Independence
4th of July 1776
