BLAW 371: Exam 1 Russell UPDATED ACTUAL QUESTIONS AND CORRECT ANSWERS
, Hierarchy of Law 1. US Constitution
2. Federal Statutes
3. Federal Administrative regulations
4. State constitutions
5. State statutes
6. State administrative regulations
7. Local ordinances
8. Judicial decisions/case law
U.S. Constitution Law of the Land. Establishes limits and the power of government. Oldest written
constitution in force.
State Constitution Like the U.S. constitution, this creates the three branches of state government.
- Next highest form of law, under the U.S. constitution
- Long & detailed, deal w/ relevant issues
- Easier to amend than the U.S. constitution
Legislatures & Statutes Congress and state legislatures are the source of statutory law.
- State statues encompass only that state
- Must not violate U.S. constitution
- Ex: Clean Water Act 1972
Administrative Agencies & Regulations Congress creates a statute which names an administrative agency, and gives them
the authority to make regulations
Ex: Environmental Protection Agency
The Executive President can create law through executive orders; has authority over
administrative agencies.
International Sources of Law Firms doing business in other countries are subject to those countries laws
Stare Decisis "To stand on past cases."
Judges follow earlier decisions (precedent) that resolved similar disputes.
Common Law Not a specific set of rules or laws passed by a legislative body. Developed over
time by American & English courts by past decisions and interpretations.
- Interpreted & applied by judges.
The Value of Precedent i) Consistency
ii) Neutralizes prejudice
iii) Ability to adapt when the need arises
, Hierarchy of Law 1. US Constitution
2. Federal Statutes
3. Federal Administrative regulations
4. State constitutions
5. State statutes
6. State administrative regulations
7. Local ordinances
8. Judicial decisions/case law
U.S. Constitution Law of the Land. Establishes limits and the power of government. Oldest written
constitution in force.
State Constitution Like the U.S. constitution, this creates the three branches of state government.
- Next highest form of law, under the U.S. constitution
- Long & detailed, deal w/ relevant issues
- Easier to amend than the U.S. constitution
Legislatures & Statutes Congress and state legislatures are the source of statutory law.
- State statues encompass only that state
- Must not violate U.S. constitution
- Ex: Clean Water Act 1972
Administrative Agencies & Regulations Congress creates a statute which names an administrative agency, and gives them
the authority to make regulations
Ex: Environmental Protection Agency
The Executive President can create law through executive orders; has authority over
administrative agencies.
International Sources of Law Firms doing business in other countries are subject to those countries laws
Stare Decisis "To stand on past cases."
Judges follow earlier decisions (precedent) that resolved similar disputes.
Common Law Not a specific set of rules or laws passed by a legislative body. Developed over
time by American & English courts by past decisions and interpretations.
- Interpreted & applied by judges.
The Value of Precedent i) Consistency
ii) Neutralizes prejudice
iii) Ability to adapt when the need arises
