Answers | Latest 2026/2027 | Graded A+ | New
Version.
1. sources of law (5) correct answers Case law, constitutions, statutes, administrative regulations,
the executive branch
Primary sources of law (7) correct answers Actual laws; these include constitutions, statutes,
case law/common law (judicial opinions), regulations (executive), executive orders (executive),
Rules of procedure (legislative/judicial), treaties (executive/legislative)
Secondary Sources of Law (13) correct answers • Encyclopedias- (AmJur2d and C.J.S are main
two legal encyclopedias) comprehensive coverage of legal topics, not in depth, objective
• Law review- commentary on law, subjective
• Bar journals- practical applications, subjective or objective. Short articles of practical interest
of local lawyers.
• Practice manuals
• CLE- continued learning education (lawyers must keep up with new law)
• Legislative history
• Treatises- In depth scholarly treatment of legal system, nuances of subject, subjective but can
be objective, hornbooks
o they contain commentaires (a series of short articles) written by scholars usually restricted to
one area of the law and organized by chapter, section and paragraph
o
• A.LR- American law report, new or emerging law, in depth, narrow, cutting edge topic,
(opposite of encyclopedia) ***If you find this then a lot of work is done for you***
• Restatements- ALI (American Law Institute) restate laws in an organized way of all states, not
binding unless adapted by a court (second restatement of contracts)
o a scholarly completion of the common law produced by the American Law Institute they will
write about what they think the law is or should be
• Uniform law- commission that gets together to figure out what laws need clarification, UCC
began as this but was adapted, WI version of UCC which was adapted = is primary but otherwise
secondary.
• Periodical publications
• Dictionaries
• Foreign sources
,primary v. secondary sources correct answers Primary sources of law= LAW, secondary sources
are NOT the law
Secondary sources of law are always persuasive only
Primary sources can be persuasive or binding
· a body of fundamental principles or established precedents according to which a state or other
organization is acknowledged to be governed.
· State and nation
· The U.S constitution & the Wisconsin Constitution
common law vs enacted law correct answers · The 'common law' = case law
o means the substantive law and procedural rules that have been created by the judges through
the decisions in the cases they have heard
o Judicial
o Primary law
· Enacted law = statute law that has been passed and put into effect
o Primary
o Is in effect
statutes v. regulations correct answers · Laws created by agencies are called "regulations."
· Regulations usually must be authorized by a statute,
· However, they have the same legal force as statutes.
· Agencies are part of the executive branch of state and federal government, and thus are tasked
with the execution of the law
· Regulations = executive
EPA regulations
functions of statutes correct answers 1.) Create new law
2.) Change existing law
3.) Codify (organize if messy)
relationship between statutes and cases correct answers · Statutes can override cases
· Cases can only ever say if a statute is unconstitutional (only time judge may do this)
o (judicial review)
hierarchy of authority between federal and state, and within each system correct answers Federal
· High Court= U.S Supreme Court
· Intermediate= Circuit Court (WI= 7th circuit out of 13)
· Trial Court= District Court
o WI= Eastern and Western
Courts
13 circuits, not a unified court of appeals instead they are independent autonomous sister courts,
don't have to follow each other's opinions, a high court might grant cert if there is split
, (How many federal circuit courts are there? = 13, how many numbered 11, 12 geographic)
Wisconsin
· High Court= Wisconsin Supreme court
· Intermediate= Wisconsin court of appeals (4 districts but unified informed court)
· Trail Court= Circuit courts
Judicial Review correct answers Allows the court to determine the constitutionality of laws
o Legislature has the power to change common law but judges can review a statute to see if it is
constitutional (only in this instance)
o Power of court to test and invalidate statute for unconstitutional only
constitutions correct answers a written plan that provides the basic framework of a government
Unified informed court correct answers Even though for example Wisconsin has four courts of
appeal (as their intermediate courts), it is still "one court", four districts but one court If in WI
with state issue= follow chain of command, same for federal
If in WI with federal issue look to U.S. Supreme court then follow chain of command
If in federal with state issue = look to state high court then follow chain of command.
federal v. state law correct answers A federal law applies to the nation as a whole and to all 50
states whereas state laws are only in effect within that particular state. ... When there is a conflict
between a state law and federal law, it is the federal law that prevails
federal v. state court systems correct answers The primary distinction is that state and local
courts are authorized to hear cases involving the laws and citizens of their state or city, while
federal courts decide lawsuits between citizens of different states, cases against the United
States, and cases involving specific federal laws.
jurisdiction - definition and types correct answers a court's authority to hear a case
o Geographic location
o Subject matter
§ ex: family court
o Personal jurisdiction (diversity)
§ ex: if you live in WI someone in CA cannot sue you and demand you go to CA
bases for federal-court jurisdiction correct answers Subject matter jurisdiction, Diversity =
personal jurisdiction over the parties (parties live in different states), geographic location.
trial court names (federal and Wisconsin) correct answers Wisconsin = Trail Court= Circuit
courts
Federal= District courts (In WI = eastern and western districts)