CRIM - 230 Chapter 2.docx - Sam Hines CRIM – 230 Jan 22 Chapter 2 The Basis of American Law 1 Basis of Law = Human Conflict a The four key elements

CRIM - 230 Chapter 2.docx - Sam Hines CRIM – 230 Jan 22...

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Sam Hines CRIM – 230 Jan. 22 Chapter 2 The Basis of American Law 1. Basis of Law = Human Conflict a. The four key elements defining law i. Law is a body of rules ii. Law is enacted by public officials iii. Law is enacted in a legitimate manner iv. Law is backed up by the force of the state Common Law Heritage 2. The law common to the entire land a. Anglo-Saxon or Anglo-American law used by English speaking people throughout the world 3. 3 Key Characteristics a. Judge-made law i. Common Law 1. Predominately judge-made b. Based on precedent or stare decisis (let the decision stand) i. Followed previous court decisions with similar facts of a case
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c. Found in multiple sources “uncodified” i. Courts must know how the cases were interpreted, as well as their location ii. Sources of American Law 1. Constitutions 2. Codes or Statutes 3. Administrative rules and regulations 4. Court opinions or cases – judge made law Constitutions 1. The fundamental rules which dictate that people will be governed a.
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