1. Sources of Law Legislature – makes law Executive – enforces law
Judiciary – interprets law
In truth, all three branches make the law in different ways. Thus, all are sources of law.
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2. Makes law through statutes
Legislature
Makes law through statutes
Virginia Code: Search Warrant
§ When search warrant may issue.
Except as provided in § , search warrants, based upon complaint on oath supported by an affidavit as required in § , may be issued by any judge, magistrate or other person having authority to issue criminal warrants, if he be satisfied from such complaint and affidavit that there is reasonable and probable cause for the issuance of such search warrant.
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3. Administrative Agencies
From power granted by the Executive, administrative agencies make administrative law – the rules and regulations issued by administrative agencies.
FDA – Product Labeling
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4. Judiciary
Makes law known as “common law” through judicial decisions or “opinions.”
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5. Constitution
Reigning over all three branches of government is the U.S. Constitution.
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6. Sources of Law
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7. Enacted Law One main source of law in the US
Adopted by people or legislative bodies
Constitutions
Statutes
Regulations
Ordinances
Also referred to as “statutory law”

8. Common Law/Case Law Common Law – created in absence of enacted law
Case Law – included common law, but includes law created when courts apply or interpret enacted law
Created by judges writing opinions based on their decisions of cases

9. Precedent v. Stare Decisis
If a court in an earlier case has developed a legal doctrine, principle, or rule that helps resolve a legal question – later courts addressing the same or substantially similar question should be able to look to earlier decisions for guidance q-x-hytJY

10. Jurisdiction

11. Personal jurisdiction Refers to a court's power over a particular defendant (in personam jurisdiction) or an item of property (in rem jurisdiction).
If a court does not have personal jurisdiction over a defendant or property, then the court cannot bind the defendant to an obligation or adjudicate any rights over the property.

12. Subject-matter jurisdiction
Subject-matter jurisdiction is the authority of a court to hear cases of a particular type or cases relating to a specific subject matter.
For instance, bankruptcy court has the authority to only hear bankruptcy cases.
Subject-matter jurisdiction must be distinguished from personal jurisdiction, which is the power of a court to render a judgment against a particular defendant. Unlike personal or territorial jurisdiction, lack of subject-matter jurisdiction cannot be waived.

13. Subject Matter Jurisdiction
Authority over the types and kinds of cases
Two (2) types of courts in both federal & state system:
1. General Jurisdiction
2. Limited Jurisdiction

14. Personal Jurisdiction
Authority over the parties
State courts are limited to the geographic boundaries of the state OR
Matters must have some connection with the state

15. Example: New York State courts do not have authority to decide matters that take place in Ohio.
HOWEVER – New York does have jurisdiction over an Ohio resident if the resident is involved in an automobile accident in the state of New York.

16. Hierarchy of the Law

17. Hierarchy of the Law Define “hierarchy”
There is a hierarchy of authority between “enacted law” and “common law”
Generally
Constitution is highest authority
Followed by other enacted law
Then common/case law
Federal law is supreme

18. Chain of Command… The US Constitution is the highest authority
Followed by Common/Case Law (Fed then State)
Followed by other Enacted Law (statutes/regulations) (Fed then State)
The US Constitution is the highest authority

19. Example:
A state passes a law declaring it illegal to burn the American Flag. The state supreme court upholds the statute.
Both the statute and the state supreme court are invalid because they conflict with the Constitution of the United States (1st Amendment)

20. Authority Anything a court may rely on when deciding a case.
There are two (2) types of authority
and two (2) roles it can play

21. Two Types of Authority Primary– The Law itself
Enacted Law
Common Law
Secondary – Non-law sources (good to locate law)
Legal Encyclopedias
American Law Reports (ALR)
Restatements
Treatises
Law review articles

22. Two Roles of Authority
Mandatory – A court must rely when deciding a case
Persuasive – A court may rely on (but is not bound to)

23. Mandatory Authority Secondary authority is NEVER mandatory
Not all primary authority is mandatory
Primary authority becomes mandatory when is governs the legal issue/question before the court

24. Enacted Law/Authority
3 steps to determine if enacted law applies to govern legal issue/question
Identify all laws that may apply
Identify the elements of the law (specific requirements)
Apply the facts of the case to the elements
If it applies, it is mandatory authority

25. Common/Case Law/Authority
For a court opinion to be mandatory authority TWO conditions must be met:
The court opinion must be “on point”
The court opinion must be written by a higher court in that jurisdiction

26. Persuasive Authority
Court is not bound to consider, but can when reaching a decision
Where there is mandatory authority, persuasive authority is not needed
Can be both primary and secondary

27. Primary Authority – the law itself
Relationship of Law
Primary Authority – the law itself
Secondary Authority – non-law sources a court may rely on (Legal Encyclopedias, Treatises, ALR, Law Review Articles, etc.)