Two types of sources of law - Answers 1. Primary
2. Secondary
Function of primary source - Answers establish law
- US Constitution
Function of secondary source - Answers supplemental materials that summarize law and ARE
NOT actually law
4 primary sources of law - Answers constitutional law,
statutory law,
administrative law,
case law
Question: Which of the following is not a "Primary Source of Law"?
Local ordinance
Legal treatises
A court of opinion decision
State constitution - Answers legal treatises
Q: What is the role of the court if a question arises that involves a constitutional question? -
Answers to interpret and apply the law
Statutory Law - Answers laws enacted by federal, state, and local governing bodies
Hypo: if a state contradicts the US Constitution, what will a court do? - Answers enforce the US
Constitution
Can a court enforce a state law over federal law? - Answers Yes, if the state law is better than
federal law
Case Law - Answers uses judge-set precedent/stare decisis to decide cases
stare decisis - Answers Let the decision stand; decisions are based on precedents from
previous cases
, administrative law - Answers The body of law created by administrative agencies (in the form of
rules, regulations, orders, and decisions) in order to carry out their duties and responsibilities.
APA (Admin. Procedure Act) - Answers 3 steps
1. rulemaking
2. investigation and enforcement
3. adjudication
Plaintiff - Answers injured party initiating the lawsuit
defendant - Answers party who caused alleged injury
Remedies at law - Answers remedy via money, property, payment in damages
remedies at equity - Answers designed to "make a person whole" where money or property are
inadequate
injuction - Answers court order commanding a party to do something
Substantive law - Answers Law that defines, describes, regulates, and creates legal rights and
obligations.
- grants you a right or a privilege
- define and regulate rights and duties
Procedural Law - Answers Law that establishes the methods of enforcing and protecting rights
Civil Law - Answers private rights and duties between person and/or persons and government
Objective of Civil Law - Answers compensate an injured party
- no stare decisis
Objective of Criminal Law - Answers punish public wrongs against society
Common Law - Answers basis of law
- stare decisis
writ of certiorari - Answers A formal writ used to bring a case before the Supreme Court.
number of federal circuits - Answers 13