Module 2: Sources of Law

Question 1

stare decisis

Answer 1

the legal principle of determining points in litigation according to precedent

Question 2

res ipsa loquitor

Answer 2

the principle that the occurrence of an accident implies negligence.

• ‘the matter speaks for itself’

To prove res ipsa loquitor negligence, the plaintiff must prove 3 things: The incident was of a type that does not generally happen without negligence; It was caused by an instrumentality solely in defendant’s control; The plaintiff did not contribute to the cause Limitations on Res Ipsa Loquitur

Question 3

Vertical stare decisis

Answer 3

Within a hierarchical court system, a decision of the superior court
is binding on an inferior court:

Question 4

Horizontal stare decisis

Answer 4

A court may or may not be bound by its own previous decisions.

Question 5

Non Binding Decisions

Answer 5

Can still have persuasive value on other courts.

Question 6

Advantages of a Stare Decisis System

Answer 6

• Justice - Consistancy of decisions.
• Equality - Similar cases are treated alike.
• Predictability and certainty - individuals can rely on law to make decisions.
• Finality - all disputes eventually end.

Question 7

Disadvantages of a Stare Decisis System

Answer 7

• Inflexibility and rigidity
– Law is slow to evolve until higher courts reinterpret it
• Unwieldiness – judicial opinions are complex and difficult to access for non-lawyers
• Accident of litigation
– Development of common law is largely unplanned and uncoordinated
– Courts cannot write “advisory opinions”
• Sub-optimal results
– illogical distinction, surprising results, limits judicial discretion
• Balance of strengths and weaknesses

Question 8

Statutory Law

Answer 8

• Law enacted by legislative branches
• Congress and State Legislatures
• Generally – Begins with a Bill that winds its way through Congress and
eventually gets signed into law by the President or the Governor
– Many bills never become laws

Question 9

Statutory Interpretation

Answer 9

• No law can be written to give clear answers to every single possible scenario
– Language is a finite tool; scenarios are unlimited
• Process of how a judge interprets and applies statutory legislation to a specific
problem before the court

Question 10

Methods of Statutory Interpretation

Answer 10

• Plain Meaning Rule
• Legislative history and intent
• Public Policy

Question 11

Statutory Interpretation - Plain Meaning Rule:

Answer 11

Where a statute’s words have ordinary and everyday

significance, courts will apply those words in that fashion

Question 12

Statutory Interpretation - Legislative History and Intent:

Answer 12

– Look to the motivation of members of Congress
when the statute was passed. Review committee hearings and reports from that
time.

Question 13

Statutory Interpretation - Public Policy:

Answer 13

Does a particular interpretation advance an underlying public
policy such as reducing crime, fair treatment at work, or another goal?

Question 14

Administrative Law:

Answer 14

Law that is developed or
promulgated by administrative
agencies
• Federal Communications
Commission (FCC)
• Food and Drug Administration
(FDA)
• Securities and Exchange
Commission (SEC)

Question 15

Sources of Agency Authority

Answer 15

• Administrative agencies exist at the local, state, and federal level
• Agencies are the typically the creation of Congress and State Legislatures
• Legislature has a public policy objective
• Delegates regulatory power to an administrative agency
• Legislature passes legislation that:
– Establishes the specific agency
– Defines the scope of the agency’s authority
– Delegates certain limited powers that the agency possesses

Question 16

Agency Rule making - 2 Types

Answer 16

– Legislative rulemaking – creation of new rules by agency

– Interpretive rulemaking – interpretation of what law already requires

Question 17

Agency Rule making How they are made:

Answer 17

– Informal Rule making – “notice and comment” period before passing rule
– Formal Rule making – hold public hearings before passing rule

Question 18

Limits on Agency Power

Answer 18

• Statutory Control
– Enabling statute has limits on what the agency can and cannot do
• Political Control
– Congress “controls the purse.”
– Reducing budgets can change agency behavior
• Judicial Review
– Individual or organization harmed by agency rule can challenge that agency in
court
– Rules can be overturned by court if a rule is “arbitrary, capricious, an abuse of
discretion, or otherwise not in accordance with law.”