Sources of Law

Question 1

Where do we find “law” in the U.S?

Answer 1

Supreme court hearings, statutes, amendments, constitution, municipal law, common law, regulatory law, treaties, local ordinances, executive orders

Question 2

Statute

Answer 2

• passed by legislative branch, signed into law by head of executive branch (president or gov)
• collected in “codes”
• sometimes states pass similar statutes, but there are often differences among states even for these “uniform” codes

Question 3

Common Law

Answer 3

• cases decided by courts (i.e judges & justices)
• cases decided on the basis of precedent (stare decisis = let the decision stand)

Question 4

What happens if common law sources conflict?

Answer 4

• Federal law defeats state law, but only if the federal govt had the power to legislate
• constitution > statute or common law
• statute > administrative regulation
• statute > common law