Chapter 2 - Sources of the law. After completing this chapter, students will be able to: List the objectives of the law, clarify the duality of the law outline the content of the U,S, Constitution, explain several central constitutional principles and powers explain the role of statutory law in the legal system,...
Trang 1Business Law with UCC
Applications,13e
Sources of the Law
Chapter 2
Trang 2Learning Objectives
1 List the objectives of the law
2 Clarify the duality of the law
3 Outline the content of the U.S Constitution
4 Explain several central constitutional principles
and powers
5 Explain the role of statutory law in the legal
system
Trang 3Learning Objectives
6 Defend the need to set up a system of uniform
state laws
7 State the role of common law in the legal
system
8 Describe how the principle of stare decisis
provides stability within the law
9 Differentiate between statutory interpretation
and judicial review
10 Account for the legislature’s need to establish
administrative agencies
Trang 4Sources of the Law
• The Purpose and Operation of the Law
– The Law as a Balancing Act
– The Dualities within the Law
Trang 5Sources of the Law
• The Dualities within the Law
– The Spirit and Letter of the Law
– Words versus Interpretation
– The Abstract and the Concrete
– The Uncertainty Principle
Trang 6Sources of the Law
• Constitutional Law
– The Articles of Confederation
– The Principles of the United States
Constitution
– The Structure of the United States
Constitution
– State Rights, Democracy, and the Amendment Process
Trang 7Sources of the Law
• Constitutional Law (cont.)
– State Constitutions
– The Principle of Supremacy
– The Principle of Preemption
– The Doctrine of Devolution
– The Commerce Clause
– The First Amendment
Trang 8Sources of the Law
• The Structure of the United States
Constitution
– The Articles
– The Amendments
Trang 9Sources of the Law
• Statutory Law
– Codes and Titles
– Uniform Laws
– The Uniform Commercial Code
– Electronic Statutes
Trang 10Sources of the Law
• Court Decisions
– Common Law
– Statutory Interpretation
– Judicial Review
Trang 11Sources of the Law
• Administrative Regulations
– Administrative Agencies
– Administrative Procedures Act
– The Federal Register and the Code of Federal Regulations