LEGL 2700 1st Edition Lecture 2 Outline of Last Lecture I What is Law A Three Primary Elements B Code of Hammurabi II Types of Law A common law vs civil law B civil law vs criminal law III Sources of Law A U S Constitution B State Constitution Outline of Current Lecture IV Legislation A Statute or Act B Ordinance V Administrative Regulations A Notice and comment rule making B Requirements for overturning regulations in court C Enforcement of Regulations VI Judicial Decisions Judicial Opinions Case Law A doctrine of stare decisis B advantages of reliance on judicial decisions C disadvantages of reliance on judicial decisions VII Hierarchy of Law VIII Court Personnel A Judges Justices Current Lecture Chapters One Fifteen Three IV Legislation A Statute or Act passed by congress These notes represent a detailed interpretation of the professor s lecture GradeBuddy is best used as a supplement to your own notes not as a substitute these are simply other names for the term legislation ex Clear Air Act B Ordinance laws in cities and counties that apply only to that particular city or county V Administrative Regulations source of law that will have the most impact on business A Notice and comment Rulemaking when a new rule is made and notice is sent out and if you have an issue with the new rule you must comment on it and all comments must be review B Requirements for overturning regulations in court 1 congress didn t give power to the agency correctly 2 the agency failed to properly go through the correct steps 3 the agency exceeded its authority C Enforcement of Regulations agency usually also does this they are allowed to request documents and perform inspections to ensure the regulations are being followed VI Judicial Decisions Judicial Opinions Case Law A Doctrine of stare decisis when judges follow the previous rulings with similar cases and rule the same way stare decisis is Latin and means let the prior decision stand B Advantages of reliance on judicial decisions 1 Predictability a person usually knows how they will be charged before the trial 2 Can make exceptions when the law seems unfair 3 Can make adaptations when new technology etc is formed C Disadvantages of reliance on judicial decisions 1 Expense 2 Conflicting precedent when the courts do not agree 3 lack of precedent when there are no previous cases similar to the case being tried 4 conflicts of law VII Hierarchy of Law o 1 U S Constitution o 2 Federal statutes o 3 Federal administrative regulations o 4 State constitutions apply only in the applicable state o 5 State statutes apply only in the applicable state o 6 State administrative regulations apply only in the applicable state o 7 Local ordinances apply only in the applicable locality o 8 Judicial decisions case law VII Court Personnel A Judges Justices Questions of Fact versus Questions of Law Question of Fact the parties in the lawsuit dispute what actually happened decided by a jury ex who punched who first Question of Law how does the law apply to this factual scenario decided by a judge Trial court judges consider both questions of fact and questions of law Appellate judges only considers questions of law
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