University of Washington-Tacoma Professor of International Business Law, Paul Donion, presents an overview of the 8 different sources of law including materials and processes that make up the rules and principles we are governed by.

1. December 2015
Sources of U.S. Law Presentation by Paul Donion

2. Origin of Law
❖ The origin of law is obscure;
society cannot exist without
law.
Source: Emerson, R. (2004). Business law (4th ed.). Hauppauge, N.Y.: Barron's.

3. Origin of Law
❖ Individual power and cunning
constituted the first law, and
primitive governments merely
presided over the lex talionis, or
law of private retribution.
Source: Emerson, R. (2004). Business law (4th ed.). Hauppauge, N.Y.: Barron's.

4. Origin of Law
❖ As societies became complex,
it became necessary to adopt
rules of conduct for various
purposes (for example, to
forbid objectionable behavior,
to make an injured party
whole, and to end disputes).
Source: Emerson, R. (2004). Business law (4th ed.). Hauppauge, N.Y.: Barron's.

5. There are eight important sources
of law in the United States

6. 8 Sources include
1. The U.S. Constitution.
2. Federal statutes, executive orders, and treaties (including customs,
conventions, and international laws).
3. The 50 state constitutions.
4. State statutes and executive orders.
5. Local ordinances.
6. The rules and rulings of federal, state, and local agencies.
7. Decisions by federal and state courts.
8. Private laws and customs (i.e., contracts, leases, internal company “rules,”
and business traditions as practiced in an industry).
Source: Emerson, R. (2004). Business law (4th ed.). Hauppauge, N.Y.: Barron's.

7. ❖ The first six sources are roughly in the order of
importance. Agency and court actions, however, are
found throughout the hierarchy, from
interpretations of constitutions to statutes to rules
and regulations, and from federal to state to local
news.
Source: Emerson, R. (2004). Business law (4th ed.).
Hauppauge, N.Y.: Barron's.

8. 1.
U.S. Constitution
• is the supreme law of the land. There are
three branches of government: the
legislative, executive, and judiciary. Each
has certain powers, and there is a system of
checks and balances among the three
branches.
• Judicial review permits courts to declare
governmental actions unconstitutional.
Courts may avoid deciding issues in a case
because of a policy of judicial self-restraint.
Source: Emerson, R. (2004). Business law (4th ed.). Hauppauge, N.Y.:
Barron's.

9. 2.
Federal statutes,
executive orders &
treaties
Priority of Law in the United States:
• The U.S. Constitution and treaties take
precedence over all other laws.
• Federal statutes take precedence over
federal regulations.
• Valid federal law takes precedence over
conflicting state or local law.
Source: Emerson, R. (2004). Business law (4th ed.).
Hauppauge, N.Y.: Barron's.

10. 3.
The 50 State
Constitutions
While each of the 50 states has its own
constitution, all provisions of state
constitutions must comply with the U.S.
Constitution. For example, a state
constitution cannot deny accused
criminals the right to a trial by jury, as
assured by the U.S. Constitution’s 6th
Amendment.
Source: Emerson, R. (2004). Business law (4th ed.). Hauppauge, N.Y.:
Barron's.

11. 4.
State statutes and
executive orders
Major legislative powers are divided
between the state and federal
governments. They are exclusively
federal, exclusively or primarily state, or
shared. Congress may preempt some
areas that would otherwise be shared with
the states. The power to regulate
commerce is an important example of a
shared power, although certain areas are
barred from state regulation.
Source: Emerson, R. (2004). Business law (4th ed.). Hauppauge, N.Y.:
Barron's.

12. 5.
Local ordinances
An ordinance is a law passed by a
governmental body below the state level
and dealing with a local concern.
Source: Emerson, R. (2004). Business law (4th ed.). Hauppauge, N.Y.:
Barron's.

13. 6.
The rules and rulings of
federal, state & local
agencies
• Certain legislative, judicial, and/or
executive powers have been delegated to
federal, state, and local administrative
agencies. Many agencies are not directly
supervised by the legislature or executive;
they are independent agencies.
• An administrative agency may have to give
interested parties both notice and an
opportunity to comment before making a
rule or regulation.
Source: Emerson, R. (2004). Business law (4th ed.). Hauppauge, N.Y.:
Barron's.

14. 7.
Decisions by federal
and state courts
Decisions by state and federal courts are a
primary source of U.S. common law. To
originate in a federal court, a case must
involve a real dispute between opposing
parties.
The U.S. Supreme Court has original
jurisdiction over certain cases, but its main
function is to review lower court decisions
that have been appealed.
Source: Emerson, R. (2004). Business law (4th ed.). Hauppauge, N.Y.:
Barron's.

15. 8.
Private laws and
customs
Body of law governing private persons,
their properties, and relations (with
other private persons) which do not
directly concern the state.

16. Read more Law topics & discussion,
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