Chapter 1: Law & Legal Reasoning

What are the Sources of Law?

1. United States (Federal) Government

2. State Government

3. Municipal Government

What does the municipal government apply to?

a city/town

What are the three levels of the U.S. Constitution?

1. Legislative (Congress)

2. Executive (President)

3. Judicial (Supreme Court)

What are the three levels of the State Constitution?

1. Legislative (Legislature, Assembly)

2. Executive (Governor)

3. Judicial (Supreme Court)

What are the three levels of Municipal Charters?

1. Legislative (County/City/Town Council)

2. Executive (Mayor)

3. Judicial (County/City Courts)

What do businesses need to know?

How a law is interpreted and applied

What do each of these branches of government at their own level create?

Their own type of law

What is the Legislative branch made up of?

• Senate, House of Representatives

• Creates laws

• Delegates power to the executive and judicial branches

What is the Executive branch made up of?

• President

• Agencies

• Government Corps., Boards, Commissions, Committees

• Executes/Enforces laws

What is the Judicial branch made up of?

• Supreme Court

• Courts of Appeals

• District (Trials) Courts

• Specialty Courts

• Adjudicates individual cases by interpreting and applying laws

What is the Legislative part of the U.S. Constitution made up of?

• Treaties

• Statutes

What is the Executive part of the U.S. Constitution made up of?

• Executive Orders

• Administrative Rules/Regulations

What is the Judicial part of the U.S. Constitution made up of?

Precedent

What is the Legislative part of State Constitutions made up of?

Statutes

What is the Executive part of State Constitutions made up of?

• Executive Orders

• Administrative Rules/Regulations

What is the Judicial part of State Constitutions made up of?

Precedent

What is the Legislative part of Municipal Charters made up of?

Ordinances

What is the Executive part of Municipal Charters made up of?

• Executive Orders

• Administrative Rules/Regulations

What is the Judicial part of Municipal Charters made up of?

Precedent

If it’s not created by the government, then…?

It’s not a law

What is a treaty?

An agreement between countries (can’t be between a state and a country)

Where do executive orders come from?

Come directly from the head of the executive branch

What are some common words associated with the executive branch?

Agency or Department

What is Precedent treated as?

A federal regulation

What are ordinances like?

A local statute

What is the Priority of Legal Authority for Federal Law?

1. U.S. Constitution

2. Federal Statute or Treaty (whichever is most recent)

3. Federal Executive Orders

4. Federal Executive (Administrative) Rules & Regulations

What is the Priority of Legal Authority for State Law?

1. State Constitution

2. State Statute

3. State Executive Orders

4. State Executive (Administrative) Rules & Regulations

What is the Priority of Legal Authority for Municipal Law?

1. Municipal Charter

2. Municipal Ordinance

3. Municipal Executive Orders

4. Municipal Executive (Administrative) Rules & Regulations

5. Common Law

What are the methods used to interpret the meaning of laws?

• Plain Meaning

• Legislative History and Intent

• Prior Interpretations

• General Public Purpose

• Maxims

What is Plain Meaning?

Interpret laws according to the commonly accepted meaning of the words used in the law

What is Legislative History and Intent?

Interpret laws by looking at the history of the law and the intent of those who created it

What is Prior Interpretations?

Interpret laws based on how others (courts, agencies) have interpreted the law in prior cases

What is General Public Purpose?

Interpret laws in accordance with broad, general public policy goals

What is Maxims?

Interpret laws using general “rules of thumb”

What is Case-Law Reasoning?

The process of deciding current cases based on the reasoning in prior cases

What is Precedent?

A rule or reasoning established in a prior case that is either binding or non-binding (persuasive) for a court deciding a subsequent case involving the same legal issue

What is Binding Precedent?

Prior decisions by the same court and/or any of its reviewing courts

What is Non-Binding Precedent?

Prior decisions by other courts that are not the same court and/or any of its reviewing courts

What is Stare Decisis?

Doctrine that courts should decide current cases by following binding precedent, unless the court can distinguish or overrule the prior decision