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REE 3433 Chapter 1 (1).
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REE 3433 Chapter 1 (1).
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REE 3433 Chapter 1What is Law? - ANS-Law
Law is a system of rules and guidelines, usually enforced through a set of institutions. It
shapes politics, economics and society in numerous ways and serves as a social
mediator of relations between people.
en.Wikipedia.org
Civil Law System - ANS-Civil Law System
Older system: Dates back millennia.
Based on comprehensive "codes."
Codex Hamurabi (1700BC)
"An eye for an eye"
Codex Justianus (529AD)
Code Napoléon (1804)
Predominant system.
"Systematic"
"Code of conduct"
Common Law System - ANS-Common Law System
Newer.
Origins in England
Norman Invasion (1066)
Magna Carta (1215).
Authority divested from king and passed to legislature and to judiciary.
Like Civil Law System, statutes and rules, but less "systematic," allowing for more
judicial interpretation.
Us Legal System - ANS-United States adheres to the Common Law System.
Except Louisiana.
Laws (the rules and guidelines) - ANS-Laws are, properly speaking, only the conditions
of civil association. The people, being subject to the laws, ought to be their author: the
conditions of the society ought to be regulated solely by those who come together to
form it. But how are they to regulate them?
, US Legal System Hierarchy - ANS-1. Federal
2. State
3.Local
Supremacy - ANS-Supremacy
Federal law is supreme:
All Debts contracted and Engagements entered into, before the Adoption of this
Constitution, shall be as valid against the United States under this Constitution, as
under the Confederation.
This Constitution, and the Laws of the United States which shall be made in Pursuance
thereof; and all Treaties made, or which shall be made, under the Authority of the United
States, shall be the supreme Law of the Land; and the Judges in every State shall be
bound thereby, any Thing in the Constitution or Laws of any State to the Contrary
notwithstanding.
The Senators and Representatives before mentioned, and the Members of the several
State Legislatures, and all executive and judicial Officers, both of the United States and
of the several States, shall be bound by Oath or Affirmation, to support this Constitution;
but no religious Test shall ever be required as a Qualification to any Office or public
Trust under the United States.
US Const., Art .VI
Federal Law hierarchy - ANS-1. Constitution
2. Statutes
3. Rules
Fed Law - Us Constitution "The Commerce Clause" - ANS-The congress shall have
power to regulate commerce with foreign Nations and among the several States, and
with the Indian Tribes.
Fed Law - Statutes - ANS-Public Laws of the United States
-Enacted by US Congress
-Published in US Code
-Internal Revenue Code, codified at 26 USC in 1939.
-Bankruptcy Code, enacted in it's current form in 1978, codified at 11 USC.
-Real Estate Settlement Procedures Act (RESPA), codified at 12 USC §2601, et seq. in
1974.Fair Housing Act, codified at 42 USC §3601, et seq. in 1968 as part of Civil Rights
Act of 1968.
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