1 Three Sources of Law 2 Common Law

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Three Sources of Law 2

Common Law THE LAW AS DECIDED BY THE COURTS 3

STARE DECISIS LET THE DECISION STAND 4

Changes in Common Law n n Over time, changes in society’s norms have an effect on long-standing common law. The public dictates changes based on changing times, attitudes, and even necessitates. 5

Statutory Law Most new law is statutory, that is, it is legislation passed by either a state legislature or the Congress of the United States. 6

Why Is Legislation Proposed? n New issues or new worries n Unpopular judicial rulings n Criminal law 7

Statutory Interpretation n Sometimes wording is ambiguous Sometimes in conflict with another statute New laws must be interpreted by the courts n Plain Meaning Rule n Legislative History and Intent n Public Policy n Becomes stare decisis 9

Administrative Law n n n Federal agencies all have the power to make regulations which affect citizens and businesses. Agencies are created to fulfill a need that cannot be filled by the slow process of congress. Agencies often have considerable power. 10

Classification of Agencies n n Executive Federal Agency Independent Federal Agency 11

Power of Agencies -Rulemaking Two classifications of rules: n Legislative rules n Interpretive rules 12

Power of Agencies -- Rules Three types of rules: n n n Informal rulemaking Formal rulemaking Hybrid rulemaking 13

Power of Agencies – Investigation and Adjudication n Subpoena n Search and Seizure n Adjudicate 14

Limits on Agency Power n Statutory Controls n Political Controls n Judicial Controls 15

OTHER CONTROLS n n The Freedom of Information Act (FOIA) The Privacy Act 16