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13 Cards in this Set
- Front
- Back
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Primary source of law |
A document thT establishes the law on a particular issue such as a constitution a statute an administrative rule or court decision |
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Secondary source of law |
Apublication thatsummarizes of interprets the law such as legal encyclopedia a legal treatise or an article in a law review |
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1-1 a constitutional law |
Found in tect and case arising from federal and state constitution Us. Construction is the supreme law of the land |
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1 -1 b statutory law |
Statutory law: laws enacted by federal and state legislatures * uniform laws *the unifrom commercial code (ucc) |
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1-1c administrative law |
Agency creation Rule making Legislative rule Interpretive rule |
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Legislative rules administrative law |
1.notice of the proposed rulemaking. Publishedin federal register 2.acomment period.time for interested parties to comment in writing. 3. The final rule.published in federal register |
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Interpertive rules administrative law |
Nonbinding,explain how an agency interprets and intends to apply statutes |
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Rule making administrative law |
Legislative rules Interpretive rules |
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Case law |
Case law The rules of the law announced in court decisions.case law interprets statutes,regulations, constitutional provisions,and other case law. |
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Common law doctrines early court |
King court started after norman conquest of 1066 Established the common law body of General legal principle applie Throught the english empire King court used precedent to build common law |
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Precedent |
Court decision that furnishes an example involving identical or similar facts |
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Stare decisis |
A common law doctrine under which judges are obligated to follow the precedent established in prior decisions |
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Stare decisis 1 -2 |
1 court should not overturn its own precedents 2 decision made by higher court are bindling on lower courts |
