Sources of Law
4 sources of federal & state law- constitutions, statutes & ordinances, rules & regulations, case law.
Tribal laws also have a 5th source- customs & traditions.
Case Law
3 ways- court can create law by interpreting language in constitutions, statutes & regulations. Judge-made law called common law. Court decisions create case law by applying the law to new situations.
Common Law
Court decisions can announce new principles of law where no statute or regulation applies, creating a body of judge-made law called common law, subset of case law.
Precedent/ .Stare Decisis
Latin for “let the decision stand,” means that judges follow prior court decisions when deciding cases that come before them with the same legal issues. Precedent is a binding prior court decision.
Public Policy
The executive branch is responsible for implementing & administering the public policy enacted & funded by the legislative branch.
Statute
Law enacted by legislation. Also called acts.
Uniform Law
Set of laws on a particular topic that are proposed by the Uniform Law Commission of the National Commissioners on Uniform State Law. State legislatures are encouraged to adopt the laws to increase uniformity across state lines.
Government Structure
The Separation of Powers doctrine divides governmental authority and functions among 3 branches- legislative, executive and judicial.
Adjudicate
To make a formal judgment or decision regarding a problem or disputed matter.
