LEOB Module 1

Constitutional Law

Based on the U.S. Constitution

Establishes government powers and limits

Other laws must operate within its boundaries

Constitution = Foundational Authority

Statutory Law

Legislatures: Congress and State Legislatures enact statutes

Local Ordinances: Cities and counties enact rules for local matters

Uniform Laws: Model laws can promote consistency. The UCC governs commercial transactions in all 50 states

Administrative Law

FDA: Food and Drug Administration

SEC: Securities and Exchange Commission

FCC: Federal Communications Commission

FTC: Federal Trade Commission

Case Law

Judicial decisions interpret and apply law to actual disputes. Those can be important authority for later cases

Common Law

American Law grew from English Law Tradition. Judges developed general legal principles over time through decided cases

Stare Decisis

The doctrine of standing on decided cases by following established legal precedents

Precedent

An earlier decision that guides later cases

Courts can depart from this, ex. Brown vs BOE

IRAC

How we move from rule to reasoned answer

Issue - What question? (The issue is…)

Rule - What rule governs? (The rule is…)

Application - How does it apply to these facts? (In our case…)

Conclusion - What result follows? (Therefore…)

Remedy at Law

Usually monetary damages

Compensate the injured party with money when it can address harm

Remedy in Equity

Non-monetary relief when money is inadequate

Ex. Injunction or ordering a party to take or stop a particular action

Civil Law

Disputes with private parties and legal rights

Ex. Breach of contract, negligence causing injury

Criminal Law

Offenses treated as wrongs against society and prosecuted by the government

Ex. Financial fraud, kidnapping