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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)
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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)