Vocabulary: Primary and Secondary Sources of Law

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Questions and Answers

What is the primary purpose of Secondary Sources of Law?

To create new laws

To challenge court decisions

To summarize and clarify primary sources of law (correct)

To establish the law on a particular issue

Which branch of law deals with the fundamental principles by which the government exercises its authority?

Common Law

Constitutional Law (correct)

Administrative Law

Statutory Law

In what situation will a law be declared unconstitutional?

If it is passed by Congress

If it is not included in the state code of laws

If it violates the constitution and is challenged (correct)

If it is a municipal ordinance

What are ordinances?

Regulations passed by municipal or county governing units Signup and view all the answers

Where would you find a legal authority if you were to look up a citation?

In the federal code of laws Signup and view all the answers

Which of the following summarizes court decisions on a particular topic?

Restatements of the Law Signup and view all the answers

What is the term used for regulations passed by municipal or county governing units?

Ordinances Signup and view all the answers

'A law in violation of the constitution if challenged will be declared __________.'

'Invalid' Signup and view all the answers

'Each state in the union has its own __________.'

'Constitution' Signup and view all the answers

What is included in Primary Sources of Law?

Documents that establish the law on a particular issue Signup and view all the answers

What is the purpose of the Uniform Commercial Code (UCC)?

To facilitate commerce among states with uniform rules for commercial transactions Signup and view all the answers

What does enabling legislation specify about an administrative agency?

The name, composition, purpose, and powers of the agency being created Signup and view all the answers

What does administrative law consist of?

Rules, orders, and decisions of administrative agencies Signup and view all the answers

What is a key characteristic of an Independent Regulatory Agency?

Officers have fixed terms and cannot be removed without just cause by the President Signup and view all the answers

What is the common law doctrine that obligates judges to follow precedents established in prior decisions?

Stare decisis Signup and view all the answers

What is the purpose of Legislative Rules issued by administrative agencies?

To carry the same weight as congressionally enacted statutes Signup and view all the answers

Which type of law governs areas not covered by statutory law or administrative law?

Case law Signup and view all the answers

What is the primary function of Executive Agencies?

To execute and enforce laws at the federal level Signup and view all the answers

How do judges apply the doctrine of stare decisis in common law systems?

By strictly following precedents set by earlier court decisions Signup and view all the answers

What is the purpose of interpretive rules issued by administrative agencies?

To provide guidelines on how agencies plan to interpret and enforce their statutory authority Signup and view all the answers

Study Notes

Primary and Secondary Sources of Law

A primary source of law is a document that establishes the law on a particular issue, such as a constitution, statute, administrative rule, or court decision.
A secondary source of law summarizes and clarifies primary sources, including legal encyclopedias, compilations, official comments to statutes, treatises, and articles in law reviews and journals.

Constitutional Law

Deals with the fundamental principles by which the government exercises its authority, as expressed in constitutions.
A law in violation of the constitution will be declared unconstitutional and not enforced if challenged.
Each state in the union has its own constitution.

Statutory Law

Enacted by legislative bodies, such as statutes passed by Congress or state legislatures.
When a statute is passed, it is included in the federal code of laws or the relevant state code of laws.

Citations, Ordinances, and Uniform Laws

A citation is a reference to a publication in which a legal authority, such as a statute or court decision, can be found.
Ordinances are regulations passed by municipal or county governing units to deal with matters not covered by federal or state law.
Uniform laws are model laws developed by the National Conference of Commissioners on Uniform State Laws for states to consider enacting into statute.

Administrative Law

Consists of the rules, orders, and decisions of administrative agencies.
Administrative agencies are federal, state, or local government agencies established to perform a specific function.
Examples of administrative agencies include executive agencies and independent regulatory agencies.

Administrative Agencies

Executive agencies are subject to the authority of the president, who appoints and removes officers.
Independent regulatory agencies have fixed terms for officers, and the president cannot remove them without just cause.
Enabling legislation specifies the name, composition, purpose, and powers of the agency being created.

Administrative Process

Adjudicate: to render a judicial decision in a trial-like proceeding in which an administrative law judge hears and resolves disputes involving an administrative agency's regulations.
Administrative process involves rulemaking, enforcement, and adjudication.

Laws and Rules

Legislative rules are administrative agency rules that carry the same weight as congressionally enacted statutes, and are legally binding on all businesses.
Interpretive rules are not legally binding, but indicate how an agency plans to interpret and enforce its statutory authority.

Case Law and Common Law

Case law is the rules of law announced in court decisions, interpreting statutes, regulations, constitutional provisions, and other case law.
Common law is the body of law developed from custom or judicial decisions in English and US courts, not attributable to a legislature.
Precedent: a court decision that furnishes an example or authority for deciding subsequent cases involving identical or similar facts.
Stare decisis: a common law doctrine under which judges are obligated to follow the precedents established in prior decisions.
Binding authority: any source of law that a court must follow when deciding a case.

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Description

Learn about primary sources of law, such as constitutions and court decisions, and secondary sources like legal encyclopedias and treatises that summarize and clarify legal concepts.