Everest University Online
There are various sources of American Law Primary sources of law are sources that establish the law and are in enforced by the controlling authority (the government’s) of a society. They consist of case law and common law doctrines, the U.S. constitution and the constitution of various states, statutory law including laws passed by Congress State legislature and local governing bodies, regulations created by the administrative agencies. Another type of law that is an important source of law or treaties with other nations are also considered a primary source of law. The differences between mandatory authority types of law and persuasive authority types of law will be the topics.
Various Primary Sources of American Laws
The body of law called case law, arose from English common law tradition, because of our colonial heritage much of American law is based on making English legal system. (Miller & Urisko, 2011,2008,2003,2000,1995)English common law was a body of general rules that apply throughout the English realm.. Courts developed the common-law rules from the principles underlying judge’s decisions in actual legal controversies. When possible they base their decision on principles suggested by earlier cases. Each interpretation became part of the law on which the subject and served as a legal precedent. Later case that involves similar legal principles or facts can be decided with reference to that precedent. Case law is one of the various primary sources of American law. Constitutional law
The Federal government and the states have set for written constitution sets forth the general organization, powers, and limits of their respective governments. Laws are expressed in these constitutions are referred to as constitutional law. They cover such things as constitutional rights, Ten amendments commonly known as the Bill of Rights provide protection...