Midterm 1 Study Guide ARE18
Chapter 1: This historical and constitutional Foundations
Sources of the American Law-
The primary sources of law, or sources that establish
the law, include; The US. Constitution, statutes, case law, and regulations created by
Constitutional Law- The supreme law of the land, the basis of all law in the
Statutory Law- Laws enacted by legislative bodies at any level of
Citation- a reference to a publication in which a legal authority
can be found.
Ordinances- statutes (laws, rules or orders) passed by municipal
or county governing
Federal Statute- applies to all states.
State Statute- applies only within that states borders.
Uniform Laws- National Conference of Commissioners draft
uniform laws for states to consider adopting. Only if a state
legislature adopts a uniform law does that law become part of
the statutory law of that state.
Uniform Commercial Code- first issued in 1952 and has been
adopted in all 50 states. It facilitates commerce among the states
by providing a uniform yet flexible set of rules governing
Administrative Law- consists of rules, orders, of administrative agencies,
which are federal, state, or local government agencies established to perform
a specific function.
Federal Agencies- executive agencies are subject to the
authority of the president, who has the power to appoint and
remove officers of these agencies. There are also independent
regulatory agencies at the federal level, including the federal
State and Local Agencies- State is created as a parallel to a
Agency Creation- Congress creates an administrative agency by
enacting enabling legislation, which specifies the name,
composition, purpose, and powers of the agency being created.
Rulemaking- formulating new regulations. Congress confers the
agency’s power to make legislative rules, or substantive rules,
which are legally binding on all businesses.
Investigation and Enforcement- agencies may request that
individuals or organizations hand over specified books, papers,
electronic records, or other documents. After this an agency may
decide to take action, most are resolved thru negotiated
Adjudication- involves a trial-like hearing before an administrative
law judge. After hearing, the ALJ reders the decision in the case.
Case Law and Common Law Doctrines
Case Law- the doctrines and principles announced in cases- governs
all areas not covered by statutory law or administrative law an is part
of our common law tradition.