ACCT2700-002 (Chapter 1)
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Questions and Answers

A statue is a primary source of law

True

Even if it conflicts with the U.S. Constitution, a state constitution is supreme within that states' borders.

False

The common law is a body of law developed from judicial decisions and the principles established in those judicial decisions.

True

On a challenge to a provision in a state constitution that conflicts with a provision in the U.S. Constitution:

<p>The state provision will not be enforced.</p> Signup and view all the answers

Once a court has applied a principle to a certain set of facts, that principle must generally be applied in future cases involving:

<p>similar facts.</p> Signup and view all the answers

Study Notes

Definition of Statute

  • A statute is a written law enacted by a legislative body.
  • They can be at federal, state, or local levels.

Characteristics of Statutes

  • Formal: Statutes are formally written and codified.
  • Public Accessibility: They are published and available to the public.
  • Stability: Statutes provide a stable source of law, as they remain in effect until amended or repealed.

Types of Statutes

  1. Public Statutes: Affect the general public (e.g., criminal law).
  2. Private Statutes: Affect specific individuals or entities (e.g., corporate legislation).
  3. Procedural Statutes: Govern the procedures of legal processes.
  4. Substantive Statutes: Define rights and duties.
  • Statutes serve as a primary source of law, alongside constitutions and case law.
  • They provide clear guidelines for legal standards and obligations.

Interpretation of Statutes

  • Courts interpret statutes to apply them to specific cases.
  • Rules of Interpretation: Include literal, purposive, and intentional approaches.

Limitations of Statutes

  • May be vague or ambiguous, requiring judicial interpretation.
  • Subject to amendments, which can alter or revoke existing laws.

Importance of Statutes

  • Create a framework for governance and societal order.
  • Enable legislative bodies to respond to new issues and societal changes.

Comparison with Other Sources of Law

  • Case Law: Based on judicial decisions; complements statutes by providing context.
  • Constitutional Law: Statutes must align with the constitution; conflicts can lead to invalidation.
  • Regulations: Created by administrative agencies, often detailed and specific, but must be based on enabling statutes.

Definition of Statute

  • Statutes are written laws created by legislative bodies at federal, state, or local levels.

Characteristics of Statutes

  • Statutes are formally structured and officially codified documents.
  • They are publicly accessible, ensuring transparency and awareness of the law.
  • Their stability allows them to remain enforceable until they are amended or repealed.

Types of Statutes

  • Public statutes impact the general population, such as criminal regulations.
  • Private statutes target specific individuals or organizations, often seen in corporate law.
  • Procedural statutes outline the processes of law and judicial proceedings.
  • Substantive statutes delineate legal rights and responsibilities of individuals or entities.
  • Statutes act as a fundamental source of law, working alongside constitutions and judicial case law.
  • They offer clear legal standards and define obligations for citizens and entities.

Interpretation of Statutes

  • Courts play a critical role in interpreting statutes for application in individual cases.
  • Various rules of interpretation are utilized, including literal meaning, purpose, and intent behind the statute.

Limitations of Statutes

  • Statutes can sometimes be unclear or vague, necessitating judicial clarification.
  • They can be amended, which can lead to changes or elimination of existing laws.

Importance of Statutes

  • They establish a framework necessary for governance and the maintenance of social order.
  • Statutes enable legislative bodies to adapt to emerging issues and evolving societal norms.

Comparison with Other Sources of Law

  • Case law emerges from judicial decisions and complements statutes by providing necessary context and precedents.
  • Statutes must be congruent with constitutional principles; conflicts may result in statutes being declared invalid.
  • Regulations arise from administrative agencies and are often very detailed, but they must derive from underlying statutes.

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Description

This quiz covers the definition, characteristics, types, and roles of statutes within the legal system. It delves into how statutes are interpreted and their relevance as a primary source of law. Test your knowledge of statutory law and its implications.

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