Actg 6100 Legal Issues

Week One

Introduction to Law

Chapter 1: Introduction to Law

Chapter 4: Common LawPgs 66-68

We depend upon the law to give us a stable nation and economy, a fair society, a safe

place to live and work.

Sources of Law

• U.S. Constitution

• Legislative Branch - Statutes

• Judicial Branch - Common Law

• Administrative Agencies – Regulations

• Executive Branch – Executive Orders

Sources of Law

• U.S. Constitution– Establishes the national (federal) government

and its 3 branches of government– Creates a system of checks and balances– Guarantees basic rights– Supreme Law of the Land

Sources of Law

• Legislative Branch – Statutes– Congress must have constitutional authority

to pass the statute, for example the commerce clause

– And, it must fashion that statute so that it does not infringe upon the fundamental rights protected by the constitution

– Legislative bodies initiate the law making process

Sources of Law

• Judicial Branch – Common Law– “Common law” describes both the system and

one of the products of that system– Stare Decisis – let the decision stand– Made on a case by case basis– Judicial branch is not “self – animating” – it

acts only when the proper parties make the proper request.

Sources of Law

• Administrative Agencies– Enabling Statute– The scope of the agency’s authority is defined

by that statute– Make– Investigate– Enforce– 4th branch of government?

Classifications of Law

• Criminal v Civil• Federal v State• Law v Morality/Ethics

Week One Assignment

• Take the “View on the American Legal System” survey

• Answer EITHER question 4 OR 5 on page 74 and upload to the D2L Dropbox.

• Submitting the survey is a condition to the dropbox.