Sources of Law
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This 2 page Class Notes was uploaded by Airielle Thomas on Thursday January 21, 2016. The Class Notes belongs to BUSA 2106 at Georgia State University taught by Spell, Jr. in Winter 2016. Since its upload, it has received 29 views.
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Date Created: 01/21/16
BUSA 2106 SPRING 2016 Sources of Law U.S. Constitution: supreme law of the land 3 Branches of Government: Legislative, Executive, Judicial Legislative: makes laws Executive: enforces law Judicial: interprets and determines validity of laws o JudgeMade Law: law made by the Judicial branch The legislature gets together and creates laws. Ex. The government shall provide _____________ healthcare to all ____citizens. *appropriate *needy *basic *age (under 18 *necessary over 65) *reasonable Federal Statutes Commerce Clause of the Constitution (significant source for federal legislation) states have rights to regulate commerce (See Civil Rights Act of 1964 and current Immigration issues) Preemptiongovernment has preempted State Statutes 10 Amendment to the Constitutionwhatever is not controlled by the government is controlled by the states; also called states’ rights (Ex. Colorado’s legalization of marijuana, states legalizing gay marriage) Ordinances laws passed by cities/counties; purely local (Ex. Zoning, building permits) Executive Orders executive department of the government (President, governor, mayor) can issue laws. (Ex. President Obama’s executive orders on gun control) Regulations and Orders of Administrative Agenciesadministrative law and source of law (Ex. The U.S. Department of Health is an administrative agency of the government. Congress passed a law for the Department of Health. Therefore, D.O.H. can establish laws.) West Reporter System documents all cases in the United States West Digest: West law Ex. 27 N.W.R. 2d 38 North West Reporter, 2 Series, Page # Federal Statutes a series of books called the “U.S. Code.” About 50, divided by subject and statute Ex. 42 U.S.C. § 1983 Volume Section State Statutes: Ex. O.C.G.A. (Official Code of Georgia Annotated) 15 O.C.G.A. § 2502 BUSA 2106 SPRING 2016 Judicial Decisions decided by judges, provide precedents (standards, status quo) for deciding cases Four parts in reviewing court decisions: facts, issue decided, reasoning, holding (decision) Stare Decisis courts in deciding cases follow precedents Promotes uniformity of the law Makes the law more predictable
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