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United States Sources of Law
Education
Christina Benson
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Sources of Law in US Legal System
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United States Sources of Law
by
Christina Benson
1. Constitutional
1.1. Supreme laws are in Federal and State Constitutions
1.2. U.S. Constitution is the supreme law of the country
1.3. Federal laws are authorized by U.S. Constitution. Constitution contains 27 Amendments protecting the rights of individuals
1.4. Each of the 50 states have individual State Constitutions.
1.5. Federal and State Consitutions give legislatures the power create laws.
2. Statutory
2.1. Statutory Laws are created by legislatures
2.2. Laws can be created at federal, state or local level
2.3. Legisilatures allow regulatory agencies to create regulations
2.4. State laws cannot be in conflcit or supercede Federal laws, local policies cannot supercede State laws.
3. Case Law
3.1. Courts interpret laws
3.2. Courts do not initiate laws
3.3. Refers to published opinions of judges
3.4. Accumulation of court rulings forms case law
3.5. Precedents are formed through court rulings and applied to similar cases
4. Regulatory
4.1. Congress gives power to administrative agencies to create regulations
4.2. Regulations created to implement statutary laws
4.3. Regulations may also be referred to as rules
4.4. Regulations have the force of law
4.5. Agencies can make rulings on the law and regulations
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