Sources Of Law Flashcards
U.S Constitution
The highest source of law, “we the people,” set forth a federal/national government having 2 branch framework of limited power
Legislative Branch
Congress; House/Senate –> to make law
Executive Branch
Presidency, Police –> enforce law
Judicial Branch
Courts –> interpret law, resolve disputes
Legislation
Law passed by the legislative branch
Executive Orders
Law made by the executive branch (president); usually emergency-type rules in the absence of Legislation (short term)
Treaties
Agreements with foreign countries
Common Law
Law made by Judicial Branch in the form of written opinions/decisions that are published/shared
Precedent
Prior cases having similar facts and issues
Stare Decisis
Precedent must be recognized and should be followed or distinguished
Administrative Rules and Regulations
Legislative Branch establishes and funds agencies of experts to make and enforce rules/regulations in a given industry (Ex: FDA)