Chapter 4 - Common Law, Statutory Law, and Administrative Law

What is common law?

Judge-made law; sum of all cases from courts

What is stare decisis?

"Let the decision stand"; precedent becomes binding on lower courts and has no reason to be overturned unless something drastic has changed

Rule for bystander cases?

No legal duty to rescue unless you created the danger

Exceptions for bystander cases

Superior-subordinate relationships depending on the context; only runs top-down

Bystander cases with minors

Minors generally have to be rescued by parents unless the parent is unable (e.g.

What is statutory law?

Law passed through the legislative process

What are reasons for new bills?

• New issues

• Unpopular judicial ruling

• To criminalize/decriminalize something

What is the rule for bills trying to fix an unpopular judicial ruling?

It CANNOT be used to overturn a constitutional ruling

3 main steps for statutory interpretation?

1) Looking at the plain meaning of the word

2) Looking at legislative history and intention

3) Looking at public policy (times changing)

How can Congress override a President’s veto?

If they repass a bill with 2/3 support on BOTH sides

What is the origin of administrative law?

Laws that come from governmental agencies

How do agencies get power?

Congressional legislation

What are the powers of agencies?

• Rulemaking

• Investigations

• Subpoena

• Adjudication

What are the 3 rules for a valid subpoena?

1) Must be relevant to the agency

2) Can’t be a burden

3) Can’t be self-incriminating

What are the 4 limits on agency power?

• Statutory control

• Political control

• Judicial review

• Informational control and the public