Topic: Sources of Law

Question 1

What are the 4 main sources of law?

Answer 1

Common Law, Statutes, Regulations, and the Constitution

Question 2

List the 4 Sources of law from highest to lowest authority

Answer 2

1. Constitution - “The supreme law of the land”
2. Statutes - law made by elected officials.
3. Regulations - law made by elected officials/delegates of elected officials
4. Common law - law made by judges

Question 3

What explains common law’s ranking in terms of authority?

Answer 3

Judges are usually not elected (federal Supreme Court justices are NEVER elected). Giving them more authority would arguably be undemocratic, since the people were not the ones who put them into power in the first place.

Question 4

Give some examples of statutes

Answer 4

Can be federal or state

• the ACA
• HIPAA
• any laws passed by Congress
• Most laws with the word “Act” at the end

Question 5

Give an example of a regulation

Answer 5

Regulations mandating vaccination for school children

Question 6

Give an example of common law

Answer 6

Any law that comes out of a court case.

For example, the right to privacy was recognized through the courts.

Question 7

What are the three levels of the court system, from highest to lowest authority?

Answer 7

1. Supreme Appellate Court
2. Intermediate Appellate Court
3. Trial Court

Question 8

In which level of court are facts determined?

Answer 8

Trial court is the ONLY court in which the facts are determined.

In higher courts, you can only debate the law, not the facts.

Question 9

The Supreme Court of Connecticut gives a ruling that you can get damages for pain and suffering if someone runs over your dog.

The Supreme Court of Florida, shortly after, gives a ruling that if someone runs over your dog, all you can get is the property value of that dog.

Whose law trumps?

Answer 9

Neither. The state courts are ONLY binding on those states. Therefore, the rule for each state only applies to that state.

Question 10

The U.S. Supreme Court makes a ruling that it is unconstitutional to wear crocks. The legislature then passes a law saying that it is legal to wear crocks. Which law trumps and why?

Answer 10

Congress can override the court by passing laws, as long as those laws are not themselves unconstitutional. Therefore, the law saying that you CAN wear crocks trumps the law saying that you cannot.

Question 11

What kinds of issues can you argue before any Supreme Court?

Answer 11

Issues of LAW (not fact).