Chapter 1: The Nature and Sources of Law

Rights and Duties Law provides rights such as the right of privacy, which protects us from unreasonable searches and intrusion into or disclosure of our private affairs. Law imposes duties, including the obligation to not interfere with another’s rights.

Sources of Law Law consists of the pattern of rules established by society to govern conduct and relationships. These rules can be expressed as constitutional provisions, statutes, administrative regulations, and case decisions.

Federal (U.S) Constitution Chapter 1 Sources of Law Federal (U.S) Constitution State Constitution Constitutional Law The National Conference of Commissioners on Uniform State Law has drafted statutes on various subjects to try to achieve uniformity among state statutes. Federal (U.S. Congress) State Legislatures Local Gov’t (City, County) Statutory Law Federal Administrative Agencies State Administrative Agencies Administrative Law Treaties and Executive Orders Common Law – made up of tradition and court precedent; may be repealed or strengthened by case law and statutory law. Case Law– laws made by decisions of a court; also courts may enforce common law rules 1

Classification of Law Substantive law creates, defines and regulates rights and liabilities. Procedural law specifies how rights and liabilities are enforced. Civil law is of Roman origin; common law is of English origin. Law may be described in terms of the subject to which it relates, such as estate law or contract law. A special category of law is the principle of equity, used in special cases for which the standard law does not provide adequate remedy.