JOUR 302 Lecture Notes - Lecture 1: Substantive Law, Counterclaim, Thirteenth Amendment To The United States Constitution
Document Summary
Sources of law - federal (f) & states (s) State constitution can"t give you any less rights than the federal constitution, but can give you more. Ordinances can come from local city council/county board; laws for that local area. Fees for having an open alcoholic container, where to put a sex shop, etc. Common law (mostly s; allegedly no f common law) Judge rulings from mostly england; precedents set by previous rulings. Laws created by congress; right to create agencies operated by board members in that industry/expertise. Agencies then propose laws/statutes and then get voted in after public comment. Cia, department of transportation, fda, fcc, etc. If state makes a law that conflicts with federal law then federal law usually wins. Can expand agencies to run the government. Power to regulate commerce with foreign nations, states & some indian tribes. Patents, pensions, pension, labor issues, bankruptcy, treaties. Substantive law creates, defines and regulates legal rights and obligations.
