Sources of Law

Question 1

Primary Sources

Answer 1

Laws from Congress, Constitutions, Statutes, local laws and ordinances.

Question 2

Secondary Sources

Answer 2

Analysis and reviews of laws by legal scholars or case indexes.

Question 3

Constitutions

Answer 3

State and Federal: embodies basic principles and laws of a nation and/or state. Defines the power of the state and guarantees certain rights to the people.

Question 4

Statutes

Answer 4

Laws passed by legislatures (Congress, State Assemblies, etc.)

Question 5

Case Law

Answer 5

Substantive law and court opinions from prior cases.

Question 6

Stare Decisis

Answer 6

“To stand by things decided”-precedent which guides court opinion/decision.

Question 7

Mandatory Authority

Answer 7

Cases that a lower court must follow when issued by a higher court or the Supreme Court.

Question 8

Persuasive Authority

Answer 8

Cases from other jurisdictions that may guide a court’s decision. The cases persuade the court’s ruling.

Question 9

Court Rules

Answer 9

Rules created by courts regarding time limitations, pleadings, and other procedural requirements.

Question 10

Administrative Law

Answer 10

Body of law and legal principles that deal with the creation, administration, and regulation of governmental agencies.

Question 11

3 Functions of Administrative Agencies

Answer 11

1. Quasi-Legislative
2. Quasi-Executive
3. Quasi-Judicial