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Chapter 1

LPP 255 Chapter Notes - Chapter 1: Substantive Law, Curium, Precedent


Department
Law & Public Policy
Course Code
LPP 255
Professor
Unkown
Chapter
1

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Chapter 1
Entering a contract:
oBreach= breaks, fails to perform
oPayment
How do you ensure you will be paid
oNegotiable Instruments= checks, creditors rights
Options for a check made to insufficient funds
oLiability for defective product
Primary Sources of Law- sources that establish the law
o1. US Constitution and constitutions of states
Constitutional law
Supreme law of the land
10th Amendment- reserves to the states all powers not granted to the federal
government
o2. Statutory law (including laws passed by Congress, state legislature, local governing
bodies
Laws enacted by legislative bodies at any level of govt
Passed by Congress, state legislatures
Also includes ordinances- laws, rules, orders passed by municipal or county
governing units not covered by federal or state law
Federal statute applies to all states
Uniform laws= models laws for states to consider adopting
Each state has the option of adopting or rejecting
o3. Regulations created by administrative agencies
Administrative law= rules, orders and decisions of administrative agencies
Administrative agency= federal, state or local govt agency established to
perform a specific function
Executive agencies= subject to authority of the president, has the power to
appoint and remove officers
Ex. FDA
Independent regulatory agencies= at the federal level
Ex. Federal Trade Commission, SEC, FCC
Local/state level
Ex. Environmental Protection Agency
oCase law and common law doctrines= announced in court decisions
Case law= doctrines/principles announced in cases (governs all areas
not covered by statutory law or administrative law)
Judge made law
Secondary Sources of Law- books/articles that summarize and clarify the primary sources
oCourts refer to these for guidance in interpreting and applying primary sources
oLegal encyclopedias, treatises, articles in law reviews, compilations of law
oRestatements of Law
Common Law= body of general rules that applied throughout the entire English realm
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