LRW exam (100% errorless)

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 Judicial Review correct answers Allows the court to determine the constitutionality of laws