1.Describe the 4 primary sources of law:
a.Constitutional- Federal Supreme law of the land. Gives us our rights, outlines powers of government and delegates powers to different branches of government. b.Statutes- Federal and State Laws. Uniform Laws: codified laws written down. The Uniform Commercial Code (UCC) facilitates commerce and governs trade in state, out of state, and on Indian reservations. c.Administrative rules and regulations- Federal regulation of agencies. EX: OSHA, EPA, FDA, etc. Put in place by executive order. d.Common Law- Local law and heritage laws that are written down. Based off historical law or traditions.
2.What is the Hierarchy among sources of American Law? (remember there are 7) a.Constitutional Law
c.Federal Administration and Regulation
d.State Constitutional Law
f.State Based Regulations
g.Common Law or Traditional Law
3.Define Stare Decisis. Why is it such an important doctrine for law? It means to stand on decided cases. It is a judge made law and each decision becomes precedent. Courts are obliged to follow binding precedents within their jurisdiction. In first impression cases a court may refer to public policy, or widely held social values to make a decision.
4.What are the basic steps in legal reasoning?
Issue- What are the key facts and issues?
Rule- What rules of law apply to the case?
Application- How do the rules of law apply to the particular facts and circumstances of this case? Conclusion- What conclusion should be drawn?
5.Describe the following forms of legal reasoning:
a.Deductive Reasoning- a logical relationship involving a premise and a conclusion. b.Linear Reasoning- proceeding from one point to another, with the final point being the conclusion. c.Reasoning by Analogy- to compare facts in the case to facts in a previous case, and if they are similar, to apply the same rule of law. 6....