The Basis of Law
The basis of law…
The basic of law can be summarized in two words: human conflict. People dispute and argue over money and theft and property damage. Law is a body of rules enacted by public officials in a legitimate manner and backed by the force of the state.
The first element (body of rules) is self evident, the hidden part is these rules are found in a myriad of different places.
The second element (law is enacted by a public official) is critical. all places have rules but they are not laws unless they are recognized by public officials.
The third element (law is enacted in a legitimate manner)means that the laws must be agreed upon ahead of time on how it might be changed or create new. The final element (law is backed by the force of state) though it is not always necessary to apply legal sanctions because the threat is enough to stop people, they do have the ability to apply legal sanctions if it becomes necessary. Law avoids in its description of providing justice.
Precedent…
Precedent often referred to as stare decisis means let the decision stand..
Multiple sources of law… A constitution is the first document that establishes the underlying principals and general laws as a nation or state. The U.S constitution is the fundamental law of the land. All other laws- federal state and local are secondary. Laws enacted by federal and state legislature are usually referred to as statutory law and is on the secondary rung of laws. These laws are also commonly referred to as municipal ordinances. Administrative regulations are our third rung of laws, which consist of laws that are created by agencies, boards, bureaus, commissions, and departments. Administrative law is the fastest growing and most misunderstood source of laws. Appellate court decisions also remain an important source of law. Also case law is another vital thing in determining other sources of law as well. They can either expand or contract a law and its meaning.
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The basic of law can be summarized in two words: human conflict. People dispute and argue over money and theft and property damage. Law is a body of rules enacted by public officials in a legitimate manner and backed by the force of the state.
The first element (body of rules) is self evident, the hidden part is these rules are found in a myriad of different places.
The second element (law is enacted by a public official) is critical. all places have rules but they are not laws unless they are recognized by public officials.
The third element (law is enacted in a legitimate manner)means that the laws must be agreed upon ahead of time on how it might be changed or create new. The final element (law is backed by the force of state) though it is not always necessary to apply legal sanctions because the threat is enough to stop people, they do have the ability to apply legal sanctions if it becomes necessary. Law avoids in its description of providing justice.
Precedent…
Precedent often referred to as stare decisis means let the decision stand..
Multiple sources of law… A constitution is the first document that establishes the underlying principals and general laws as a nation or state. The U.S constitution is the fundamental law of the land. All other laws- federal state and local are secondary. Laws enacted by federal and state legislature are usually referred to as statutory law and is on the secondary rung of laws. These laws are also commonly referred to as municipal ordinances. Administrative regulations are our third rung of laws, which consist of laws that are created by agencies, boards, bureaus, commissions, and departments. Administrative law is the fastest growing and most misunderstood source of laws. Appellate court decisions also remain an important source of law. Also case law is another vital thing in determining other sources of law as well. They can either expand or contract a law and its meaning.
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