Unit 1 – Heritage of Law Chapter 2 – Sources and Categories of Law Primary Sources of Law.
California Law January 21 Sources of Law. SOURCES OF LAW CONSTITUTIONS CASE LAW STATUTORY LAW...
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Transcript of California Law January 21 Sources of Law. SOURCES OF LAW CONSTITUTIONS CASE LAW STATUTORY LAW...
![Page 1: California Law January 21 Sources of Law. SOURCES OF LAW CONSTITUTIONS CASE LAW STATUTORY LAW ADMINISTRATIVE REGULATIONS LOCAL ORDINANCES Rules of Court.](https://reader036.fdocuments.us/reader036/viewer/2022083008/56649eec5503460f94bfd470/html5/thumbnails/1.jpg)
California Law
January 21
Sources of Law
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SOURCES OF LAW
• CONSTITUTIONS
• CASE LAW
• STATUTORY LAW• ADMINISTRATIVE REGULATIONS• LOCAL ORDINANCES• Rules of Court
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SOURCES OF LAW
• FEDERAL LAWS AND STATE LAWS ARE FOUND IN SEPARATE SOURCES
• FEDERAL LAW: U.S. CONSTITUTION, FEDERAL CASES, UNITED STATES CODES, Code of Federal Regulations, Federal and Local Rules of Court
• CALIFORNIA LAW: CALIF. CONSTITUTION, CALIF. CASES, CALIF. CODES, Calif. Code of Regs., State and Local Rules of Court
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Review: What is a constitution?
• Framework for government– Power of government– Limits on government– Statement of basic individual rights
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U.S. Constitution
• Establishes federal government– Grants powers: Express and Implied
• Necessary and Proper clause—power to make laws necessary and proper to carry out express powers
– Limits powers• All powers not given to federal government are
reserved to the states
• Does not apply to states, unless it says so
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California Constitution
• Establishes state government
• Can extend individual rights stated in U.S. Constitution—but cannot take away rights
• Unique feature—can be amended by electorate
• http://www.leginfo.ca.gov/const-toc.html
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Chapter 4: Finding and Using the Law
What Is Case Law?• Rule that results from the way an appellate
court resolves a dispute between parties if found in a published decision
• Published = designated book publications known as case reporters
• Concept of Stare Decisis = Precedent
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Stare Decisis
• Once a factual dispute is decided by a court, other courts must follow the same rule if– A. Same jurisdiction– B. The decision is from a higher court– C. The decision is published
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Limits on Case Law
• Courts do not have general law making powers
• Courts interpret constitutions and statutory law
• Courts apply prior case decisions or common law to new factual disputes
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APPELLATE PROCESS
• FACTUAL DISPUTE IS RESOLVED AT TRIAL COURT(NO CASE LAW RESULTS)• LOSING PARTY FILES APPEAL IN INTERMEDIATE APPELLATE COURT
(EXCEPTION--PROSECUTOR IN CRIMINAL CASE CANNOT APPEAL NOT GUILTY VERDICT
• APPELLATE COURT REVIEWS CASE AND RENDERS A WRITTEN OPINION (OPINION BECOMES CASE LAW IF PUBLISHED AND IF NO FURTHER APPEAL)
• LOSING PARTY CAN SEEK FURTHER REVIEW IN HIGHEST COURT (OFTEN BY FILING PETITION FOR WRIT OF CERTIORARI)
• IF HIGH COURT GRANTS A HEARING IT REVIEWS ACTIONS IN LOWER COURTS AND RENDERS A WRITTEN OPINION (THIS OPINION BECOMES CASE LAW IF FINAL)
• IF CASE LAW CONTAINS CONSTITUTIONAL ISSUE, LOSING PARTY CAN REQUEST HEARING IN U.S. SUPREME COURT
• IF COURT GRANTS A HEARING IT REVIEWS LOWER COURT ACTIONS AND RENDERS A WRITTEN OPINION WHICH BECOMES CASE LAW
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Chapter 4: Finding and Using the Law
What Is Statutory Law?
• Law enacted by legislature– Federal– State– Local
• Administrative Regulations– Regulations from agencies, usually under power
given by legislature
• Rules of Court
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Nature of Statutory Law
• Usually general rules, rather than factual disputes
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Katzenbach v. McClung
• What statutory law is involved in this case?
• Why does the Court care about the Interstate Commerce Clause?– What is the I.C. Clause?
• Did Ollie’s really have an impact on Interstate Commerce?
• How does the concept of Federalism fit into this case?
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Brown v. Board of Education
• Which constitutional amendment controls this case?
• Does the Equal Protection Clause apply to the federal government?
• Was Plessy v. Ferguson stare decisis here?• Is Brown stare decisis for cases in Washington
D.C.?