Constitutional, statutory, and case law are the three sources of American law, ranked in that order from highest to lowest. Constitutional law establishes the framework of government and is established through constitutions. Statutory law regulates individuals and private actions and is established through statutes passed by legislatures. Case law supplements the law through precedent established in past court rulings and helps interpret statutes and constitutions.
15INTRODUCTION TO AMERICAN LEGAL SYSTEMINTRODUCTION.docxdrennanmicah
15
INTRODUCTION TO AMERICAN LEGAL
SYSTEM
INTRODUCTION
You likely have a basic understanding of how our legal system works from
current events reported in the news, and perhaps even from a civics course you
took in high school or college. At the risk of revisiting material with which
you are already familiar, this chapter begins by summarizing some core points
about our legal system that will serve as a foundation for your work as a lawyer.
The importance of this background information will become clearer to you as
the chapter and exercises unfold, when you will be asked to apply your knowl-
edge of our legal system to better understand its specifi c relevance to you as a
lawyer.
A. Two Basic Court Systems
Before you begin reading about the sources of law in our court system, you
might fi nd it helpful to have some context that directly applies to your life as a
law student. Consider for a moment your decision to attend orientation classes
at your new law school. The fi rst decision you had to make when you arrived
for orientation (assuming this was your fi rst visit to your new law school)
was to make sure you found the right building in your university. Knowing
that you were to appear for an orientation meeting in Room 201, for example,
wouldn’t help you at all if you ended up in the school of arts and sciences
instead of the law school building. The law school and school of arts and sci-
ences are two very different schools in two very different buildings — while
classes are taught in each building and some of the room numbers might be
the same, the classes themselves are different and are centered around two
different disciplines.
I
2
16 Legal Reasoning, Writing, and Other Lawyering Skills Ch. 2
Similarly, as a law student and ultimately as a lawyer, you will likewise need
to identify “where you are” in terms of the legal issues you will be researching
and evaluating. There are two basic court systems in our country — federal and
state. The federal court system has its own set of laws and courts, and each state
also has its own unique set of laws and courts. Like your law school and the
school of arts and sciences, both federal and state legal systems operate simul-
taneously and pretty much independently.
When a client asks you for legal advice, one of the fi rst things you will need
to do is fi gure out which court system and set of laws controls your client’s
actions. Some conduct is governed solely by the state court legal system, while
other conduct is governed solely by the federal court legal system. And there are
also some instances in which both federal and state laws apply. So, for example,
if your client lived in Chicago, Illinois and had a legal issue that arose there, you
would fi rst need to consider whether federal laws or Illinois state laws governed
the client’s conduct — or both. Assuming the legal matter happened to involve
litigation, that information would also denote the typ.
Ehsan Kabir Solicitor is explaining the Common Law vs. Positive Law. Ehsan Kabir understands that clients may be limited in their financial means. In order to ensure they too benefit from his knowledge and experience, Ehsan Kabir works alongside his clients to find and deliver a cost-effective solutions to their problems. By working together with clients Mr. Kabir provides clients with opportunities to keep control of their finances.
15INTRODUCTION TO AMERICAN LEGAL SYSTEMINTRODUCTION.docxdrennanmicah
15
INTRODUCTION TO AMERICAN LEGAL
SYSTEM
INTRODUCTION
You likely have a basic understanding of how our legal system works from
current events reported in the news, and perhaps even from a civics course you
took in high school or college. At the risk of revisiting material with which
you are already familiar, this chapter begins by summarizing some core points
about our legal system that will serve as a foundation for your work as a lawyer.
The importance of this background information will become clearer to you as
the chapter and exercises unfold, when you will be asked to apply your knowl-
edge of our legal system to better understand its specifi c relevance to you as a
lawyer.
A. Two Basic Court Systems
Before you begin reading about the sources of law in our court system, you
might fi nd it helpful to have some context that directly applies to your life as a
law student. Consider for a moment your decision to attend orientation classes
at your new law school. The fi rst decision you had to make when you arrived
for orientation (assuming this was your fi rst visit to your new law school)
was to make sure you found the right building in your university. Knowing
that you were to appear for an orientation meeting in Room 201, for example,
wouldn’t help you at all if you ended up in the school of arts and sciences
instead of the law school building. The law school and school of arts and sci-
ences are two very different schools in two very different buildings — while
classes are taught in each building and some of the room numbers might be
the same, the classes themselves are different and are centered around two
different disciplines.
I
2
16 Legal Reasoning, Writing, and Other Lawyering Skills Ch. 2
Similarly, as a law student and ultimately as a lawyer, you will likewise need
to identify “where you are” in terms of the legal issues you will be researching
and evaluating. There are two basic court systems in our country — federal and
state. The federal court system has its own set of laws and courts, and each state
also has its own unique set of laws and courts. Like your law school and the
school of arts and sciences, both federal and state legal systems operate simul-
taneously and pretty much independently.
When a client asks you for legal advice, one of the fi rst things you will need
to do is fi gure out which court system and set of laws controls your client’s
actions. Some conduct is governed solely by the state court legal system, while
other conduct is governed solely by the federal court legal system. And there are
also some instances in which both federal and state laws apply. So, for example,
if your client lived in Chicago, Illinois and had a legal issue that arose there, you
would fi rst need to consider whether federal laws or Illinois state laws governed
the client’s conduct — or both. Assuming the legal matter happened to involve
litigation, that information would also denote the typ.
Ehsan Kabir Solicitor is explaining the Common Law vs. Positive Law. Ehsan Kabir understands that clients may be limited in their financial means. In order to ensure they too benefit from his knowledge and experience, Ehsan Kabir works alongside his clients to find and deliver a cost-effective solutions to their problems. By working together with clients Mr. Kabir provides clients with opportunities to keep control of their finances.
Business Law I Introduction to LawHello class and welcome to t.docxRAHUL126667
Business Law I
Introduction to Law
Hello class and welcome to the week one lecture for Business Law I. We will begin with an introduction to the law and the American Legal system. Law is a grouping of rules governing relationships among individuals and between individuals and their society. The function of the law is to maintain stability while allowing for change when necessary. As we will discuss, this law originates from many sources.
To start, America has a rich common law tradition. Common law dates back to the English Court system. This common law developed through the slow accumulation of decisions over many hundreds of years. At bottom, judges generally apply the principle of Stare Decisis or the application of principles applied in earlier cases with similar facts. These earlier cases are known as precedent. This principle is important because it allows for a modicum of stability in the law as the idea is that similar cases will be decided in similar ways. However, this system allows gives the common law some flexibility. Judges may decide that old precedent is no longer applicable, for example, due to changes in society’s attitudes or in technology. When this situation occurs, the judge can create a new precedent.
The constitution provides another source of law. The federal constitution creates the rules for governing the country. It specifies which powers each branch of government may wield, and any state or federal law found to be in conflict with the constitution by the courts will be found to be invalid. A third source of law is statutory law. This source of law includes the statutes and ordinances of Congress and state legislatures. This is a very important source of law, and much of the work of the courts is consumed by interpreting these statutes.
The final source of law to discuss is the administrative law. The development of this law has become increasingly important. As the economy began to grow more complex, Congress devolved some of its powers to administrative agencies (generally under the supervision of the executive branch) to regulate the economy. For example, the Clean Air Act requires the Environmental Protection Agency (EPA) to keep the air safe. This mandate empowers the EPA to pass and enforce regulation protecting society from airborne pollutants. Although this area of law gets less coverage from the press, it can be critically important as these regulations have a monumental impact on the economy. Judges are frequently called upon to determine if the agencies have exceeded the scope of their mandate.
Another important distinction involves the relationship between the federal and state courts. Each state and the federal government has its own court system. And each of these entities will often have different statues, common law, administrative law, and constitutions. States are generally required to follow the decisions of other court’s due to the full faith and credit clause ...
Essay Questions Exam #1 Due Sunday Oct 19th @ 10pm Emmanuel .docxbridgelandying
Essay Questions Exam #1
Due Sunday Oct 19th @ 10pm
Emmanuel
1. What are the differences between domestic law and international law? What are the sources for international law?
Domestic law is enforced by legit government. Codified by a legitimate government. Domestic law is dominated by dominated by culture. No true international law
International law – 1) a nation can consent to be bound by international law (agree to a treaty)
2)a convention (comes out of the UN) UN has to be signed by each country- international contract. 3) also consent by custom & practices.
2. What is "enfranchisement"? Discuss the amendments in the US Constitution that applies to
Enfranchisement- to admit to the privileges of a citizen and especially to the right of suffrage
Amendments
· 15th – blacks
· 19th –deals with women rights
· 23th –Washington D.C. can vote
· 24th – abolish property tax vote
· 26th – Lower voting age to 18 years
David Lopez
3. What is “ethics”? What is “morality”? What are the differences between ethics, morality and the law? Briefly discuss legal obligations, professional obligations and organizational obligations.
As mentioned in chapter 5, at the most basic level, ethics constitutes right or wrong behavior. It is a branch of philosophy focusing on morality and the way moral principles are derived and implemented. Ethics has to do with the fairness, justness, rightness, or wrongness of an action. Morals are influenced by culture or society, however they are principal’s set individually by person to person. Business ethics and business law are closely intertwined because ultimately the law rests on social beliefs about right and wrong behavior in the business world.
4. What is "pleadings"? Discuss the contents of a complaint.
The complaint and answer, taken together, are known as the pleadings.
-The facts showing that the court has subject- matter and personal jurisdiction
-The facts establishing the plaintiff’s basis for relief,
-The remedy the plaintiff is seeking.
5. Discuss at least four reasons why the court will apply equitable remedies. Note:UMIRU
Equitable remedies include specific performance, an injunction, and rescission. Specific performance involves ordering a party to perform an agreement as promised. An injunction is an order to a party to cease engaging in a specific activity or to undo some wrong or injury. Rescission is the cancellation of a contractual obligation.Todays courts will not grant equitable remedies unless the remedy at law (monetary damages )is inadequate.
6. Briefly discuss the major publication, practices and invention that had an influence on the US Constitution.
Ideas from many people and several existing documents, including the Articles of Confederation and Declaration of Independence had major influences on the publication for the constitution.
7. What is evidence law? What criteria must be met for evidence to be admissible.
The law of evidence provides principle ...
Federal criminal law
Introduction
The criminal laws of the United States are the fundamental law that regulates behavior. These laws cover crimes in both federal and state court systems. Both sets of criminal laws seek to protect individuals from harm by making it illegal to do certain things, such as murder or assault someone else. The U.S. Constitution establishes limits on how much power each level of government may exercise, requiring Congress to pass laws before authorizing action within its jurisdiction and other limitations on state powers.
Federal criminal law is the body of criminal law in the United States that deals with activity taking place on federal property or with conduct that substantially affects interstate commerce.
Federal criminal law is the body of criminal law in the United States that deals with activity taking place on federal property or with conduct that substantially affects interstate commerce. The federal government has jurisdiction over certain areas because of the U.S. Constitution and the 10th Amendment, which states that powers not granted to the federal government are reserved for individual states and their citizens; this includes crimes like murder, drug trafficking, arson, fraud and theft (or embezzlement).
If you're charged with a crime under federal authority—for example if you're accused of committing arson while living near a forested area—you'll need an attorney who understands how these laws work so they can help you beat charges against you!
Commercial law, also known as business law or corporate law, is the body of law that applies to the rights, relations, and conduct of persons and businesses engaged in commerce, merchandising, trade, and sales.[1] It is often considered to be a branch of civil law and deals with issues of both private law and public law.
Commercial law includes within its compass such titles as principal and agent; carriage by land and sea; merchant shipping; guarantee; marine, fire, life, and accident insurance; bills of exchange, negotiable instruments, contracts and partnership.[2] It can also be understood to regulate corporate contracts, hiring practices, and the manufacture and sales of consumer goods. Many countries have adopted civil codes that contain comprehensive statements of their commercial law.In the United States, commercial law is the province of both the United States Congress, under its power to regulate interstate commerce, and the states, under their police power. Efforts have been made to create a unified body of commercial law in the United States; the most successful of these attempts has resulted in the general adoption of the Uniform Commercial Code, which has been adopted in all 50 states (with some modification by state legislatures), the District of Columbia, and the U.S. territories.
International law quick notes. Brief notes on international law. Introduction to international law. Relationship between domestic and international law
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
Business Law I Introduction to LawHello class and welcome to t.docxRAHUL126667
Business Law I
Introduction to Law
Hello class and welcome to the week one lecture for Business Law I. We will begin with an introduction to the law and the American Legal system. Law is a grouping of rules governing relationships among individuals and between individuals and their society. The function of the law is to maintain stability while allowing for change when necessary. As we will discuss, this law originates from many sources.
To start, America has a rich common law tradition. Common law dates back to the English Court system. This common law developed through the slow accumulation of decisions over many hundreds of years. At bottom, judges generally apply the principle of Stare Decisis or the application of principles applied in earlier cases with similar facts. These earlier cases are known as precedent. This principle is important because it allows for a modicum of stability in the law as the idea is that similar cases will be decided in similar ways. However, this system allows gives the common law some flexibility. Judges may decide that old precedent is no longer applicable, for example, due to changes in society’s attitudes or in technology. When this situation occurs, the judge can create a new precedent.
The constitution provides another source of law. The federal constitution creates the rules for governing the country. It specifies which powers each branch of government may wield, and any state or federal law found to be in conflict with the constitution by the courts will be found to be invalid. A third source of law is statutory law. This source of law includes the statutes and ordinances of Congress and state legislatures. This is a very important source of law, and much of the work of the courts is consumed by interpreting these statutes.
The final source of law to discuss is the administrative law. The development of this law has become increasingly important. As the economy began to grow more complex, Congress devolved some of its powers to administrative agencies (generally under the supervision of the executive branch) to regulate the economy. For example, the Clean Air Act requires the Environmental Protection Agency (EPA) to keep the air safe. This mandate empowers the EPA to pass and enforce regulation protecting society from airborne pollutants. Although this area of law gets less coverage from the press, it can be critically important as these regulations have a monumental impact on the economy. Judges are frequently called upon to determine if the agencies have exceeded the scope of their mandate.
Another important distinction involves the relationship between the federal and state courts. Each state and the federal government has its own court system. And each of these entities will often have different statues, common law, administrative law, and constitutions. States are generally required to follow the decisions of other court’s due to the full faith and credit clause ...
Essay Questions Exam #1 Due Sunday Oct 19th @ 10pm Emmanuel .docxbridgelandying
Essay Questions Exam #1
Due Sunday Oct 19th @ 10pm
Emmanuel
1. What are the differences between domestic law and international law? What are the sources for international law?
Domestic law is enforced by legit government. Codified by a legitimate government. Domestic law is dominated by dominated by culture. No true international law
International law – 1) a nation can consent to be bound by international law (agree to a treaty)
2)a convention (comes out of the UN) UN has to be signed by each country- international contract. 3) also consent by custom & practices.
2. What is "enfranchisement"? Discuss the amendments in the US Constitution that applies to
Enfranchisement- to admit to the privileges of a citizen and especially to the right of suffrage
Amendments
· 15th – blacks
· 19th –deals with women rights
· 23th –Washington D.C. can vote
· 24th – abolish property tax vote
· 26th – Lower voting age to 18 years
David Lopez
3. What is “ethics”? What is “morality”? What are the differences between ethics, morality and the law? Briefly discuss legal obligations, professional obligations and organizational obligations.
As mentioned in chapter 5, at the most basic level, ethics constitutes right or wrong behavior. It is a branch of philosophy focusing on morality and the way moral principles are derived and implemented. Ethics has to do with the fairness, justness, rightness, or wrongness of an action. Morals are influenced by culture or society, however they are principal’s set individually by person to person. Business ethics and business law are closely intertwined because ultimately the law rests on social beliefs about right and wrong behavior in the business world.
4. What is "pleadings"? Discuss the contents of a complaint.
The complaint and answer, taken together, are known as the pleadings.
-The facts showing that the court has subject- matter and personal jurisdiction
-The facts establishing the plaintiff’s basis for relief,
-The remedy the plaintiff is seeking.
5. Discuss at least four reasons why the court will apply equitable remedies. Note:UMIRU
Equitable remedies include specific performance, an injunction, and rescission. Specific performance involves ordering a party to perform an agreement as promised. An injunction is an order to a party to cease engaging in a specific activity or to undo some wrong or injury. Rescission is the cancellation of a contractual obligation.Todays courts will not grant equitable remedies unless the remedy at law (monetary damages )is inadequate.
6. Briefly discuss the major publication, practices and invention that had an influence on the US Constitution.
Ideas from many people and several existing documents, including the Articles of Confederation and Declaration of Independence had major influences on the publication for the constitution.
7. What is evidence law? What criteria must be met for evidence to be admissible.
The law of evidence provides principle ...
Federal criminal law
Introduction
The criminal laws of the United States are the fundamental law that regulates behavior. These laws cover crimes in both federal and state court systems. Both sets of criminal laws seek to protect individuals from harm by making it illegal to do certain things, such as murder or assault someone else. The U.S. Constitution establishes limits on how much power each level of government may exercise, requiring Congress to pass laws before authorizing action within its jurisdiction and other limitations on state powers.
Federal criminal law is the body of criminal law in the United States that deals with activity taking place on federal property or with conduct that substantially affects interstate commerce.
Federal criminal law is the body of criminal law in the United States that deals with activity taking place on federal property or with conduct that substantially affects interstate commerce. The federal government has jurisdiction over certain areas because of the U.S. Constitution and the 10th Amendment, which states that powers not granted to the federal government are reserved for individual states and their citizens; this includes crimes like murder, drug trafficking, arson, fraud and theft (or embezzlement).
If you're charged with a crime under federal authority—for example if you're accused of committing arson while living near a forested area—you'll need an attorney who understands how these laws work so they can help you beat charges against you!
Commercial law, also known as business law or corporate law, is the body of law that applies to the rights, relations, and conduct of persons and businesses engaged in commerce, merchandising, trade, and sales.[1] It is often considered to be a branch of civil law and deals with issues of both private law and public law.
Commercial law includes within its compass such titles as principal and agent; carriage by land and sea; merchant shipping; guarantee; marine, fire, life, and accident insurance; bills of exchange, negotiable instruments, contracts and partnership.[2] It can also be understood to regulate corporate contracts, hiring practices, and the manufacture and sales of consumer goods. Many countries have adopted civil codes that contain comprehensive statements of their commercial law.In the United States, commercial law is the province of both the United States Congress, under its power to regulate interstate commerce, and the states, under their police power. Efforts have been made to create a unified body of commercial law in the United States; the most successful of these attempts has resulted in the general adoption of the Uniform Commercial Code, which has been adopted in all 50 states (with some modification by state legislatures), the District of Columbia, and the U.S. territories.
International law quick notes. Brief notes on international law. Introduction to international law. Relationship between domestic and international law
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
ALL EYES ON RAFAH BUT WHY Explain more.pdf46adnanshahzad
All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptxanvithaav
These slides helps the student of international law to understand what is the nature of international law? and how international law was originated and developed?.
The slides was well structured along with the highlighted points for better understanding .
Military Commissions details LtCol Thomas Jasper as Detailed Defense CounselThomas (Tom) Jasper
Military Commissions Trial Judiciary, Guantanamo Bay, Cuba. Notice of the Chief Defense Counsel's detailing of LtCol Thomas F. Jasper, Jr. USMC, as Detailed Defense Counsel for Abd Al Hadi Al-Iraqi on 6 August 2014 in the case of United States v. Hadi al Iraqi (10026)
2. LEARNING OBJECTIVES
• Identify the three sources of law.
• Rank the three sources of law, from highest to lowest.
• Ascertain the purpose of the US and state constitutions.
• Ascertain one purpose of statutory law.
• Ascertain the purpose of case law.
• Define judicial review.
• Diagram and explain the components of a case brief.
3. LAW COMES FROM THREE PLACES, WHICH ARE
REFERRED TO AS THE SOURCES OF LAW.
• Constitutional Law
• The first source of law is constitutional law.
Two constitutions are applicable in every state:
the federal or US Constitution, which is in
force throughout the United States of
America, and the state’s constitution.
4. EXCEPTIONS TO THE CONSTITUTION
• The federal and state constitutions are
both written with words that can be
subject to more than one interpretation.
Thus there are many exceptions to any
constitution’s protections.
5. SUPERIORITY OF THE CONSTITUTION
• Superiority of the Constitution
• Of the three sources of law, constitutional law is considered
the highest and should not be supplanted by either of the other two
sources of law. Pursuant to principles of federal supremacy,
the federal or US Constitution is the most preeminent source of law, and
state constitutions cannot supersede it.
6. STATUTORY LAW
• The second source of law is statutory law. While the
Constitution applies to government action, statutes apply
to and regulate individual or private action. A statute is a
written (and published) law that can be enacted in one of
two ways. Most statutes are written and voted into law by
the legislative branch of government. This is simply a
group of individuals elected for this purpose. The US
legislative branch is called Congress, and Congress votes
federal statutes into law. Every state has a legislative
branch as well, called a state legislature, and a state
legislature votes state statutes into law. Often, states codify
their criminal statutes into a penal code.
7. STATUTORY LAW’S INFERIORITY
• Statutory law is inferior to constitutional law,
which means that a statute cannot conflict with or
attempt to supersede constitutional rights. If a
conflict exists between constitutional and
statutory law, the courts must resolve the conflict.
Courts can invalidate unconstitutional statutes
pursuant to their power of judicial review, which is
discussed in an upcoming section.
8. ADMINISTRATIVE LAWS AND ORDINANCES
• Other written and published laws that apply to individuals
are administrative laws and ordinances. Administrative laws and
ordinances should not supersede or conflict with statutory law.
• Administrative laws are enacted by administrative agencies, which
are governmental agencies designed to regulate in specific areas.
Administrative agencies can be federal or state and contain not only
a legislative branch but also an executive (enforcement) branch and
judicial (court) branch. The Food and Drug Administration (FDA) is
an example of a federal administrative agency. The FDA regulates
any food products or drugs produced and marketed in the United
States.
• Ordinances are similar to statutes, except
that cities and counties vote them into law, rather than a state’s
legislature or a state’s citizens. Ordinances usually relate to health,
safety, or welfare, and violations of them are typically classified
as infractions or misdemeanors, rather than felonies. A written law
prohibiting jaywalking within a city’s or county’s limits is an example
of an ordinance.
9. MODEL PENAL CODE
• State criminal laws differ significantly, so in the early 1960s a
group of legal scholars, lawyers, and judges who were members
of the American Law Institute drafted a set of suggested criminal
statutes called the Model Penal Code. The intent of the Model
Penal Code was to provide a standardized set of criminal statutes
that all states could adopt, thus simplifying the diversity effect of
the United States’ legal system. While the Model Penal Code has
not been universally adopted, a majority of the states have
incorporated portions of it into their penal codes, and the Model
Penal Code survives as a guideline and focal point for discussion
when state legislatures modify their criminal statutes.
10. CASE LAW
• The third source of law is case law. When
judges rule on the facts of a particular case,
they create case law. Federal case law comes
from federal courts, and state case law comes
from state courts. Case law has its origins in
English common law.
11. ENGLISH COMMON LAW
• In Old England, before the settlement of the United States, case
law was the most prevalent source of law. This was in contrast to
countries that followed the Roman Law system, which primarily
relied on written codes of conduct enacted by legislature. Case
law in England was mired in tradition and local customs. Societal
principles of law and equity were the guidelines when courts
issued their rulings. In an effort to be consistent, English judges
made it a policy to follow previous judicial decisions, thereby
creating a uniform system of laws throughout the country for the
first time. Case law was named common law because it was
common to the entire nation.Lloyd Duhaime, “Common Law
Definition,” Duhaime.org website, accessed September 26,
2010, http://www.duhaime.org/LegalDictionary/C/CommonLaw.a
spx.
12. THE ENGLISH SYSTEM OF
JURISPRUDENCE
• The English system of jurisprudence made its way to the United States
with the original colonists. Initially, the thirteen colonies unanimously
adopted common law as the law of the land. All crimes were common-
law crimes, and cases determined criminal elements, defenses, and
punishment schemes. Gradually, after the Revolutionary War, hostility
toward England and modern reform led to the erosion of common-law
crimes and a movement toward codification. States began replacing
common-law crimes with statutes enacted by state legislatures. Oxford
professor Sir William Blackstone’s Commentaries on the Law of
England, which interpreted and summarized English common law,
became an essential reference as the nation began the process of
converting common-law principles into written statutes, ordinances, and
penal codes.Lloyd Duhaime, “Common Law Definition,” Duhaime.org
website, accessed September 26,
2010, http://www.duhaime.org/LegalDictionary/C/CommonLaw.aspx.
13. LIMITATIONS ON COMMON-LAW CRIMES
• In modern society, in many states and the federal government,United States v. Hudson &
Goodwin, 11 U.S. 32 (1812), accessed September 24,
2010, http://openjurist.org/11/us/32/the-united-states-v-hudson-and-
goodwin. judges cannot create crimes. This violates notions of fairness. Making up a new
crime and punishing the defendant for it does not provide consistency or predictability to
our legal system. It also violates the principle of legality, a core concept of American criminal
justice embodied in this phrase: “Nullum crimen sine lege, nulla poena sine crimen” (No
crime without law, no punishment without crime).
• In states that do not allow common-law crimes, statutes must define criminal conduct. If no
statute exists to criminalize the defendant’s behavior, the defendant cannot be criminally
prosecuted, even if the behavior is abhorrent. As the Model Penal Code states, “[n]o conduct
constitutes an offense unless it is a crime or violation under this Code or another statute of
this State” (Model Penal Code § 1.05(1)).
• The common law still plays an important role in criminal lawmaking, even though most
crimes are now embodied in statutes. Classification of crimes as felonies and misdemeanors
is a reflection of English common law. Legislatures often create statutes out of former
common-law crimes. Judges look to the common law when defining statutory terms,
establishing criminal procedure, and creating defenses to crimes. The United States is
considered a common-law country. Every state except Louisiana, which is based on the
French Civil Code, adopts the common law as the law of the state except where a statute
provides otherwise.Legal Definition, “Common Law,” Lectlaw.com website, accessed
September 26, 2010, http://www.lectlaw.com/def/c070.htm.
14. STARE DECISIS AND PRECEDENT
• Cases are diverse, and case law is not really law until the judge
rules on the case, so there must be a way to ensure case
law’s predictability. It would not be fair to punish someone for
conduct that is not yet illegal. Thus judges adhere to a policy
called stare decisis. Stare decisis is derived from English common
law and compels judges to follow rulings in previous cases. A
previous case is called precedent. Once judges have issued a
ruling on a particular case, the public can be assured that the
resulting precedent will continue to be followed by other judges.
Stare decisis is not absolute; judges can deviate from it to update
the law to conform to society’s modern expectations.
15. RULES OF STARE DECISIS AND USE OF
PRECEDENT
• Case precedent is generally an appeal rather than a trial. There is often
more than one level of appeal, so some appeals come from higher
courts than others.
16. CASE CITATION
• Cases must be published to become case law.
A published case is also called a judicial
opinion. This book exposes you to many
judicial opinions that you have the option of
reading on the Internet. It is essential to
understand the meaning of the case citation.
The case citation is the series of numbers and
letters after the title of the case and it denotes
the case’s published location.
17. KEY TAKEAWAYS
• The three sources of law are constitutional, statutory, and case law.
• The sources of law are ranked as follows: first, constitutional; second,
statutory; and third, case law. Although it is technically ranked the
lowest, judicial review makes case law an extremely powerful source
of law.
• The purpose of the US and state constitutions is to regulate
government action.
• One purpose of statutory law is to regulate individual or private
action.
• The purpose of case law is to supplement the law when there is no
statute on point and also to interpret statutes and the constitution(s).
• The court’s power to invalidate statutes as unconstitutional is called
judicial review.
18. THE COMPONENTS OF A CASE BRIEF ARE
THE FOLLOWING:
• The title, plus citation. The citation indicates where to find the case.
• The procedural facts of the case. The procedural facts discuss who is
appealing and in which court the case is located.
• The substantive facts. The substantive facts discuss what happened to
instigate the case.
• The issue. The issue is the question the court is examining.
• The substantive holding. The substantive holding answers the issue
question and is the case law.
• The procedural holding. The procedural holding discusses what the
court did procedurally with the case.
• The rationale. The rationale is the reason the court held the way it did.