January 17 - Judicial-common law (from England), the cases...

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January 17, 2007 BA 210 What counts as law? Social norms, Moral norms, Fashion norms, Criminal norms. Enforceable social rules If no formal legal mechanism is present it is all based on norms. Sources of law. Primary: constitution, statute, administrative Secondary: Constitutional Law (federal), it is structural, how the government will work ie. Three branches of government. Each has a separate power to create, enforce or nullify law. Legis-legal Congress - creates statutes. Agencies are created by congress but considered executive rule. Executive - Agencies create administrative law, ie. EPA: provided with jurisdiction of clean air, water, and land. The EPA may set standards or regulations of what is acceptable or not. These agencies must let the community know what they are doing via publishing somewhere. Agencies may also fine as well as try people as they did with Martha Stewart.
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Unformatted text preview: Judicial-common law (from England), the cases that came before, the general idea is that things should be fair, via precedents. Stare Decisis ( let the decision stand) is the common doctrine that common law must follow. Statutes are strictly general and broad. Every statute has grey areas which are decided on by the courts when presented with the problem. Where no precedent they may use analogies or common sense. Equity (equality or fairness) courts came along after the monetary relief just did not cut it anymore. If in an equity court your neighbor must put up a fence or keep them out of your yard rather than get money for your loses. Eventually the equity court was absorbed into the one. Federal System Each state reflects the federal structure of government. Each state has a constitution as well as the Federal Constitution. Agencies are...
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