The same law slides as PDF

1. MLS1_1
MLS 1, Node 1
NUOnline: 1.2-1.4

2. The Legal System
THE ORIGINS OF U.S. LAW
The United States legal system is derived from the complex structure of laws created in England, called Common Law. The English legal system reflects the central theory that land is the most important commodity. Judges were taught to rule based on holdings of previous cases, called precedent or state decisions. This provided predictability within the system, and the the accumulation of precedent is what we refer to as common law.
In framing our laws, the Founding Fathers took English Common Law and expanded individual rights to form a national central government. However, individual states maintain control in many areas. Expanding individuals’ rights was central to the U.S. system of government and laws; in fact, there are many rights guaranteed to individuals with which the government cannot interfere. As a result, the U.S. legal system is complex and multi-layered.
Let’s examine the various sources of law.

3. Sources of Law
U.S. CONSTITUTION: The preeminent authority in the United States
STATUTES: derived from legislature and cannot violate the Constitution.
Ex. Affordable Care Act (“Obamacare”)
COMMON LAW COURTS: judges make law based on precedent; statutes can override common law. Ex. The Right to Self-Defense
COURT ORDERS: directives from common law courts enforcing their decisions. Ex. domestic violence restraining order.
ADMINISTRATIVE LAW: derived from statutes and formulated by administrative agencies.
Ex. Health and Human Services regulations for enrollment under the Affordable Care Act
Laws come from many different sources that work together and integrate with one another. Let’s examine the different sources of law.
INTERNATIONAL LAW:
provides a framework for international relations, governance by consent of international members (not obligated to abide unless specifically consents to do so).
TREATIES: Regulates international relationships it is a product of the Executive Branch (President) and U.S. Congress-authorized by the U.S. Constitution.
Ex. North American Free Trade Agreement (NAFTA)
ADMINISTRATIVE AGENCIES:
direct and supervise the implementation of particular legislative acts.
Ex. The Department of Health and Human Services administers the Affordable Care Act

4. The U.S. Constitution and Branches of Government
The Constitution is the the “supreme” law of the land. Any law that conflicts with the Constitution is void. The Constitution provides the structure for the branches of government: the executive branch, the legislative branch and the judicial branch. This provides a system of “checks and balance,” where each branch has some measure of power over the other two branches and no branch has sole or exclusive power. It allows for fundamental rights which are the ultimate rights of the individual.
EXECUTIVE BRANCH
Has authority to enforce and implement laws
President
Vice President
Cabinet members
(Administrative agency heads, e.g., Secretary of Health and Human Services)
LEGISLATIVE BRANCH
Creates new laws (e.g. Affordable Care Act) Congress
Senate
House of Representatives
JUDICIAL BRANCH
Interprets laws and determines their validity
U.S. Supreme Court
Federal Circuit Courts
Federal District
Courts