Sources of U.S. Law

December 2015

Sources of U.S. Law Presentation by Paul Donion

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.

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.

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.

There are eight important sources of law in the United States

8 Sources include1. 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.

❖ 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.

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.

2.

Federal statutes, executive orders & treatiesPriority 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.

3.

The 50 State ConstitutionsWhile 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.

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.

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.

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.

7.

Decisions by federal and state courtsDecisions 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.

8.

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

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