Various Sources of American Law

Various Primary Sources of American Laws Gary Craddock Everest University Online Abstract There are various sources of American Law Primary sources of law are sources that establish the law and are in enforced by the controlling authority (the government’s) of a society. They consist of case law and common law doctrines, the U. S. constitution and the constitution of various states, statutory law including laws passed by Congress State legislature and local governing bodies, regulations created by the administrative agencies.

Another type of law that is an important source of law or treaties with other nations are also considered a primary source of law. The differences between mandatory authority types of law and persuasive authority types of law will be the topics. Various Primary Sources of American Laws The body of law called case law, arose from English common law tradition, because of our colonial heritage much of American law is based on making English legal system. (Miller & Urisko, 2011,2008,2003,2000,1995)English common law was a body of general rules that apply throughout the English realm..

Courts developed the common-law rules from the principles underlying judge’s decisions in actual legal controversies. When possible they base their decision on principles suggested by earlier cases. Each interpretation became part of the law on which the subject and served as a legal precedent. Later case that involves similar legal principles or facts can be decided with reference to that precedent. Case law is one of the various primary sources of American law. Constitutional law The Federal government and the states have set for written constitution sets forth the general organization, powers, and limits of their respective governments.

Laws are expressed in these constitutions are referred to as constitutional law. They cover such things as constitutional rights, Ten amendments commonly known as the Bill of Rights provide protection for individuals. Article VI of the United States Constitution states that the constitution law, and treaties of the United States are the supreme law of the land. The 10th amendment to the U. S. constitution which defines the power and limitations of the Federal government, for search all the power not granted to the Federal government to the states. Miller & Urisko, 2011,2008,2003,2000,1995) This is why constitutional law is one of the various primary sources of American law. Statutory law Another source of law which are Laws enacted by the legislative bodies at any level of government are known as Statutes. Laws created by the legislature are generally referred to as Statutory Law. The constitution provides states’ rights including the right to control commerce within state borders and exercise powers to protect public health, safety, Morales, and general welfare.

Statutory law also includes local ordinances, an order, rule, or law passed by city or town as governments to govern matters not covered by the Federal or state law is known that as an ordinance. and fifth sentences should provide support for the paragraph’s topic. (Miller & Urisko, 2011,2008,2003,2000,1995) In conclusion, that a state statute is found to conflict with a Federal statute to state law is invalid and this is why statutory law is one of the various primary sources of American law. Administrative law Another source of American law is administrative law, consisting of rules, order, and decisions of administrative agencies.

The Federal, state, or local governments agencies established to go down a specific function is known as an administrative agency. Administrative agencies perform three basic functions rulemaking investigation and, enforcement, adjudication. The administrative procedure act of 1946 imposes strict procedural requirements that agencies must follow in their rulemaking and other functions this is one of the major functions of its administrative agency. Administrative agencies have both investigatory and prosecutorial powers. Administrative agencies adjudication involves a trial like hearing before an administrative law judge. Miller & Urisko, 2011,2008,2003,2000,1995) These four types of law, common-law, constitutional law, statutory law, and administrative law are the various primary sources of American law. Mandatory Authority, versus Persuasive Authority Mandatory authority is any source of law that a court must follow when deciding a case, which is also known as a binding authority which includes constitutions, statutes ,and regulations that govern the issue’s being decided, as well as the court’s decision that are controlling precedents within the jurisdiction.

When no binding authority exists court will often review persuasive precedents which are precedents that have been decided in similar cases in other jurisdictions. Persuasive precedents are entitled to respect and careful consideration but the court may either follow or reject them. This is how Laws are decided to be a persuasive authority or Mandatory Authority; these are various primary sources of American law. References Miller, R. L. , & Urisko, M. M. (2011,2008,2003,2000,1995). Paralegal Today THE ESSENTIALS (Vol. 5). Clifton Park NY: Delmar,Cengage Learning. Retrieved November 14, 2012