Sources of American Law

Question 1

STATUTORY LAW

Answer 1

Legislatures enact statutes. In our American federalist system, we have two distinct
governments with overlapping jurisdiction: the federal government which was established by
the U.S. Constitution and individual state governments which are governed by their own state
constitutions. The U.S. Congress enacts federal laws and state legislatures enact state laws

Question 2

COMMON LAW (CASE LAW)

Answer 2

The Common Law refers to the body of law developed by judges deciding cases that resolve
actual disputes between actual people. For instance, the law of contracts is governed almost
exclusively by the common law (that is, by case law). The doctrine of Stare Decisis provides
that courts decide cases based on legal principles adopted in previous similar cases. These
previous similar cases are referred to as precedent.

Question 3

ADMINISTRATIVE LAW

Answer 3

Administrative law is the body of law created by administrative agencies to implement their
powers and duties in the form of rules, regulations, orders, and decisions. For instance,
Congress adopted the Internal Revenue Code which established the Internal Revenue
Service as an administrative agency with authority to adopt regulations implementing the
statute. These regulations are referred to as administrative law or regulatory law. In
addition to federal administrative law, each of the individual states through their state
legislatures has enacted statutes creating state administrative agencies.

Question 4

CONSTITUTIONAL LAW

Answer 4

The U.S. Constitution is the supreme law of the land. Any law that conflicts with the
Constitution is void. The constitutionality of a law is determined by the courts engaging in a
process known as judicial review. State constitutions are the supreme law of the land in
their individual states, however, the U.S. Constitution takes precedence over state
constitutions. In other words, the U.S. Constitution is the supreme law of the land for the
entire country

Question 5

The U.S. Constitution does 3 basic things:

Answer 5

1. It establishes the national government into 3 branches of government
   and sought a division of legal authority into the legislative, executive and
   judicial powers.
   Legislative power gives the ability to create new laws.
   Executive power is the authority to enforce the laws.
   Judicial power gives the right to interpret laws and determine their
   validity.
2. It creates a system of checks and balances among the branches.
   For example, Congress can impeach the President by the process of
   bringing charges (allegations) against a government official for wrongdoing.
3. It guarantees many basic liberties a/k/a fundamental rights.
   These rights are found in Amendments to the Constitution.