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Task:
Primary sources of law, or sources that establish the law. In an essay: Outline the four primary sources of law in the United States. Discuss each source of law and provide at least one example of each source of law to demonstrate your understanding of each.
Your assignment must be formatted as follows: APA formatting Times New Roman or Arial 12-point font 1-inch margins Page numbers in the top right corner Doubled spaced Must include a minimum of two credible sources.
In the United States’ legal system, there are four main sources of law. These are United States Constitution, Federal and State Statutes, Administrative Regulations, Case Law and Judicial Opinions.
United States Constitution: A constitution establishes a system of government and defines the boundaries of authority granted to the government. The United States Constitution is the preeminent source of law in the American legal system. All other statutes, court opinions and regulations must comply with its requirements. Each state also has its own constitution. A state constitution may grant greater rights than those secured by the federal constitution but cannot provide lesser rights than the federal constitution. Example of this is the amendments such as freedom of speech, religion and press.
Federal and State Statutes: Statutes are statements of law enacted by federal and state legislatures. Statutes passed during a legislative session are organized by subject and published in a code. Federal statutes are published in the United States Code. Example, if an officer of the law pulls you over, and you are given a citation for violating the speed limit. You have broken a vehicle and traffic law. This law is established by legislature as a statute.
Administrative Regulations: Administrative agencies are created by legislative action and operate under the control of the executive branch. Agencies regulate statutorily defined areas of law. Administrative law can act like legislatures, like the executive branch and like courts. Federal regulations are published in the Code of Federal Regulations. Example, the regulation and operation of the Social Security Administration, and the administration of benefits to the people.
Judicial Opinions: Which is the body of judicial decisions that interpret and enforce any of the foregoing as well as those relationships among individuals or between individuals and their society which are not subject to constitutional statutory or administrative law. Example of common law is a rule that a judge made that says that people have a duty to read contracts before signing them which then makes them a legal document.
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