Primary Sources of Law: Branches & Regulations
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Questions and Answers

Which branch of government primarily 'makes' the law?

  • Legislative (correct)
  • Executive
  • Administrative
  • Judicial

Where would one typically find administrative regulations at the federal level?

  • U.S. Constitution
  • C.F.R. (correct)
  • U.S. Code
  • Case Reporters

What is the function of the judicial branch?

  • Interpreting the law (correct)
  • Making the law
  • Enforcing the law
  • Administering the law

Which of the following is an example of a secondary source of law?

<p>American Jurisprudence (D)</p> Signup and view all the answers

Where are judicial opinions published?

<p>Case Reporters (D)</p> Signup and view all the answers

Which is the correct order of courts in both the federal and state systems (from lowest to highest)?

<p>Trial Courts, 1st Level Appellate Courts, 2nd Level Appellate Courts (C)</p> Signup and view all the answers

Which is a characteristic that applies to primary sources of law?

<p>They are <em>the</em> law. (D)</p> Signup and view all the answers

Which branch of the government is primarily responsible for enforcing the law?

<p>Executive (C)</p> Signup and view all the answers

The U.S. Constitution establishes which framework of government?

<p>Separation of powers and a bifurcated system (D)</p> Signup and view all the answers

If you were researching federal agency regulations, which resource would be most helpful?

<p>C.F.R. (D)</p> Signup and view all the answers

Flashcards

U.S. Constitution

The supreme law of the United States that establishes the framework of the federal government and defines the basic rights of citizens.

Congress

The legislative body of the U.S. federal government, responsible for making federal laws.

U.S. Code

A collection of all the general and permanent laws of the United States.

Federal Administrative Agencies

Federal agencies that create and enforce administrative regulations.

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C.F.R. (Code of Federal Regulations)

A collection of the general and permanent rules and regulations published by the federal agencies of the United States.

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GA Constitution

The state constitution for Georgia. Framework established: Separation of powers. Bifurcated system

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GA General Assembly

Georgia's legislative body.

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O.C.G.A. (Official Code of Georgia Annotated)

A collection of all the laws of the state of Georgia.

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GA Admin. Agencies

State agencies in Georgia that create and enforce administrative regulations.

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Rules and Regulations of GA

A collection of the rules and regulations published by the agencies of the state of Georgia.

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Study Notes

  • Primary sources of law are THE law
  • "O" indicates where the law originates
  • "F" indicates where to find the law

Branch of Government

  • Framework: Separation of powers; bifurcated system

Constitutional Law

  • Federal level originates from the U.S. Constitution
  • Georgia state level originates from the GA Constitution

Statutory Law

  • Legislative branch "makes" the law
  • Originates from Congress
  • Can be found in the U.S. Code (also U.S.C.A. + U.S.C.S.)
  • At the GA state Originates from the GA General Assembly
  • Can be found in O.C.G.A.

Administrative Regulations

  • Executive branch "enforces" the law
  • Federal level originates from the President and Admin. Agencies
  • Examples of these agencies: FDA, FAA, IRS, EPA
  • Can be found in C.F.R.
  • At the GA state level originates from the Governor and Admin. Agencies
  • Examples of these agencies: GBI, DFCS
  • Can be found in Rules + Regs of GA
  • Other primary law types derive from the Executive branch, such as Treaties and Executive Orders

Case Law

  • Judicial branch "interprets" the law (published judicial opinions)
  • Federal level originates from Courts-Federal
  • Can be found in case reporters
  • At the GA state level originates from Courts-State
  • Can be found in case reporters
  • The triangle represents the general court structure in the federal and state systems

Secondary Sources of Law

  • Secondary sources of law are not THE law but are ancillary materials explaining or describing the law (primary source)
  • Provide legal definitions and overviews
  • Examples of secondary sources: Legal Dictionaries, Law Review articles, A.L.R., Treatises, Hornbooks, Legal Encyclopedias
  • Legal encyclopedias include American Jurisprudence (Am Jur) + Georgia Jurisprudence (Ga. Jur.) and C.J.S. - Corpus Juris Secundum

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Description

Explore the primary sources of law, including constitutional and statutory law. Understand how each branch of government contributes to the legal framework at both federal and state levels. Learn where to find these laws, from U.S. Codes to administrative regulations.

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