Sources of Law

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14 Terms

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Constitutions

Fundamental documents that outline the structure of government and the rights of citizens at both state and federal levels.

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Federal Constitution

The supreme law of the land outlining the structure of the U.S. government and basic rights of citizens.

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State Constitution

A document outlining the structure of government and rights of people within a state, which cannot conflict with the U.S. Constitution.

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Treaties

Agreements between countries that have the force of law in the U.S. when ratified by the Senate.

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Statutes

Laws passed by legislatures that can be either federal, applying nationwide, or state, applying only within the respective state.

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Ordinances

Laws passed by local governments to address local issues such as zoning, noise, or parking regulations.

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Executive Orders

Orders issued by a President or state governor that have the force of law.

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Regulations

Detailed rules created by government agencies to implement laws.

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Common Law

Law that evolves from court decisions over time, rather than being set forth in statutes.

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Precedent

The principle that courts should follow decisions made in previous cases.

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Stare Decisis

The legal doctrine that obligates courts to follow precedents set by earlier decisions.

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IRAC Method

A structured approach to analyzing legal cases: Issue, Rule, Application, Conclusion.

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Federal Law Supremacy

The U.S. Constitution's principle that federal law takes precedence over state law.

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Resolving Conflicts

The process by which courts interpret the Constitution to determine which law applies in cases of conflict.