Sources Of Law Icivics Answers Key

Sources of law icivics answers key – Embark on an enlightening journey into the realm of legal foundations with our comprehensive guide to Sources of Law: I-Civics Answers Key. This meticulously crafted resource unravels the intricacies of law’s diverse origins, empowering you with a profound understanding of its hierarchical structure.

Delve into the fundamental principles of Constitutional Law, exploring the Constitution’s pivotal role in shaping the American legal landscape. Uncover the intricacies of Statutory Law, tracing the path from legislative inception to its practical implementation. Discover the dynamic nature of Common Law, witnessing the transformative power of judicial interpretation.

Sources of Law

Law is a system of rules that governs the conduct of people in a society. It is created and enforced by the government and other authorities. There are many different sources of law, including statutes, regulations, case law, and common law.

Statutes

Statutes are laws that are passed by a legislative body, such as a parliament or congress. They are the most important source of law in most countries.

  • Example: The Constitution of the United States is a statute.

Regulations

Regulations are laws that are created by administrative agencies. They are typically less important than statutes, but they can still have a significant impact on people’s lives.

  • Example: The Environmental Protection Agency (EPA) creates regulations that govern air and water pollution.

Case Law, Sources of law icivics answers key

Case law is the body of law that is created by the decisions of courts. It is also known as common law. Case law is only binding on the parties to the case, but it can be persuasive in other cases.

  • Example: The Supreme Court of the United States has ruled that the death penalty is unconstitutional for minors.

Common Law

Common law is the body of law that is based on the customs and traditions of a society. It is not written down, but it is still binding on people.

  • Example: The common law of England has been adopted by many other countries, including the United States.

Hierarchy of Sources of Law

The sources of law are not all equal. Statutes are the most important source of law, followed by regulations, case law, and common law.

If there is a conflict between two sources of law, the higher-ranking source will prevail.

Constitutional Law

Constitutional law is a body of law that defines the fundamental powers, duties, and rights of a government and its citizens. It establishes the structure, principles, and limitations of a government, and serves as the supreme law of the land, taking precedence over all other laws.

The Constitution plays a crucial role in the U.S. legal system. It establishes the framework for the federal government, including the separation of powers between the executive, legislative, and judicial branches. It also protects individual rights and liberties, such as freedom of speech, religion, and due process of law.

Types of Constitutional Law

There are several types of constitutional law, including:

  • Structural constitutional lawdefines the structure and organization of the government, including the powers and responsibilities of each branch.
  • Procedural constitutional lawestablishes the procedures that the government must follow in exercising its powers, such as the requirements for passing laws and conducting trials.
  • li> Substantive constitutional lawprotects individual rights and liberties, such as the right to free speech, the right to bear arms, and the right to due process of law.

Statutory Law

Statutory law is the written law enacted by a legislative body, such as a parliament or a congress. It is the primary source of law in most common law jurisdictions, including the United States.

The process of creating a statute typically involves the following steps:

  • A bill is introduced into the legislature.
  • The bill is debated and amended in committee.
  • The bill is voted on by the full legislature.
  • If the bill is passed by both houses of the legislature, it is sent to the executive for signature.
  • If the executive signs the bill, it becomes law.

There are many different types of statutes, including:

  • Public statutes: These statutes apply to the general public.
  • Private statutes: These statutes apply to a specific person or group of people.
  • General statutes: These statutes apply to a broad range of subjects.
  • Special statutes: These statutes apply to a specific subject matter.

Common Law: Sources Of Law Icivics Answers Key

Common law is a system of law based on decisions made by judges in previous cases. These decisions are called precedents, and they are binding on lower courts in similar cases. Common law is an important source of law in the United States, England, and other countries that have adopted the common law system.Judges

play a vital role in creating common law. When a case comes before a judge, the judge must decide how to resolve the dispute. The judge will look to see if there is a precedent that applies to the case.

If there is, the judge will follow the precedent. If there is no precedent, the judge will make a decision based on their own interpretation of the law. This decision will then become a precedent for future cases.There are different types of common law.

The most common type is case law, which is the law created by judges’ decisions. Another type of common law is statutory law, which is law created by legislatures. Finally, there is administrative law, which is law created by administrative agencies.

Administrative Law

Administrative law is a body of law that governs the actions and decisions of administrative agencies, which are government entities that have the authority to make and enforce rules and regulations. Administrative agencies play a vital role in the U.S.

legal system by implementing and enforcing laws passed by Congress and state legislatures.

There are many different types of administrative agencies, including federal agencies such as the Environmental Protection Agency (EPA) and the Food and Drug Administration (FDA), and state agencies such as the Public Utilities Commission and the Department of Motor Vehicles.

Administrative agencies have a wide range of powers, including the power to make rules and regulations, issue licenses and permits, and adjudicate disputes.

Sources of Administrative Law

The sources of administrative law include the following:

  • The Constitution:The Constitution grants Congress the power to create administrative agencies and delegate authority to them.
  • Statutes:Congress has enacted a number of statutes that create and empower administrative agencies.
  • Regulations:Administrative agencies have the authority to make regulations that have the force of law.
  • Case law:The courts have interpreted administrative law in a number of cases.

Role of Administrative Agencies

Administrative agencies play a vital role in the U.S. legal system by:

  • Implementing and enforcing laws:Administrative agencies are responsible for implementing and enforcing the laws passed by Congress and state legislatures.
  • Making rules and regulations:Administrative agencies have the authority to make rules and regulations that have the force of law.
  • Issuing licenses and permits:Administrative agencies issue licenses and permits that allow businesses and individuals to operate in certain industries.
  • Adjudicating disputes:Administrative agencies adjudicate disputes between businesses, individuals, and government agencies.

International Law

International law is a body of rules and principles that govern the conduct of nations and international organizations. It is distinct from domestic law, which governs the conduct of individuals within a particular country.International law plays an important role in the U.S.

legal system. The U.S. Constitution explicitly recognizes international law as part of the supreme law of the land. This means that treaties and other international agreements that the United States has ratified are binding on the federal government and the states.

Types of International Law

There are two main types of international law: public international law and private international law. Public international law governs the relations between states, while private international law governs the relations between individuals and businesses in different countries.Public international law includes the following areas:

  • The law of treaties
  • The law of war
  • The law of the sea
  • The law of human rights
  • The law of international organizations

Private international law includes the following areas:

  • The conflict of laws
  • The law of international commercial arbitration
  • The law of international child custody

Key Questions Answered

What are the primary sources of law?

The primary sources of law include constitutions, statutes, common law, administrative regulations, and international treaties.

How is a statute created?

A statute is created through a legislative process that involves the introduction of a bill, its passage through both houses of the legislature, and the approval of the executive branch.

What is the difference between common law and statutory law?

Common law is judge-made law that is based on precedent, while statutory law is created by legislative bodies.