Midterm 1 study guide ARE18

Midterm 1 study guide ARE18 - Midterm 1 Study Guide ARE18...

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Midterm 1 Study Guide ARE18 I. 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 administrative agencies. 1. Constitutional Law- The supreme law of the land, the basis of all law in the United States. 2. Statutory Law- Laws enacted by legislative bodies at any level of government. a. Citation- a reference to a publication in which a legal authority can be found. b. Ordinances- statutes (laws, rules or orders) passed by municipal or county governing c. Federal Statute- applies to all states. d. State Statute- applies only within that states borders. e. 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. f. 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 commercial transactions. 3. Administrative Law- consists of rules, orders, of administrative agencies, which are federal, state, or local government agencies established to perform a specific function. a. 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 trade commission. b. State and Local Agencies- State is created as a parallel to a federal agency. c. Agency Creation- Congress creates an administrative agency by enacting enabling legislation, which specifies the name, composition, purpose, and powers of the agency being created. d. Rulemaking- formulating new regulations. Congress confers the agency’s power to make legislative rules, or substantive rules, which are legally binding on all businesses. e. 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 settlement. f. Adjudication- involves a trial-like hearing before an administrative law judge. After hearing, the ALJ reders the decision in the case. 4. Case Law and Common Law Doctrines a. 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.
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A. The Common Law Tradition- American law is based on the English legal system. Judges is the US still apply common law principles when deciding cases.
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This note was uploaded on 01/17/2012 for the course ARE 18 taught by Professor Maxey during the Winter '08 term at UC Davis.

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Midterm 1 study guide ARE18 - Midterm 1 Study Guide ARE18...

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