SOURCES OF LAW Constitution -- “Fundamental Law

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Presentation transcript:

SOURCES OF LAW Constitution -- “Fundamental Law Statutes -- legislation Administrative Regulations -- Government regulation by administrative agencies Executive Orders -- presidential or gubernatorial orders Court Decisions -- relationship to other sources

Briefing a Case Facts: Who is suing Whom, for What? Arguments of the parties? Where are we procedurally? Issue: What is the legal question raised by the fact? Decision: How does the court decide the issue? Reasoning: Why does the court decide the way it did?

LIMITS ON COURTS’ DISCRETION Court Structure -- higher courts bind lower courts Jurisdiction -- states don’t bind other states Legal Theory -- civil vs. criminal Date of Case -- newer cases better than older ones Statute -- has a statute overruled the case?