Name three sources of U.S. law and explain briefly how they are created.

Question

What will be an ideal response?

Answer 1

A correct answer would describe at least three of the six sources of the law. They are constitutions, statutes, equity law, common law, administrative rules, and executive orders. (a) The U.S. Constitution is a written contract between the people of the United States and their government. It was framed in 1787 by the founders of the country and ratified by a vote of the states in 1789 to establish the supreme law of the nation. Legislatures exist at all levels of government and are delegated the power to enact statutes, which then are written down and codified. Statutes may be very fact-specific and respond to changing and emerging social concerns. At the federal level, bills introduced into either house of Congress are debated and modified and become law after they are passed by a majority of both houses and signed by the president. (b) Judges are empowered to enact equity law, which is created when judges craft remedies to problems or allocate compensation for harms. Unwritten equity law is intended to achieve fair results and is guided by social values and ethical considerations. (c) A large proportion of communication law is in the form of judge-made common law. The common law resides in the decisions of the courts. A fundamental principle of the common law is that prior court decisions, precedents, dealing with analogous facts should guide future decisions. However, courts are free to diverge from precedent when they can distinguish case facts or if other factors indicate that the prior decision is no longer correct. Stare decisis limits court flexibility, though, and courts prefer to modify rather than overturn precedent. (d) Administrative rules are a vast and rapidly proliferating form of law adopted by the plethora of administrative agencies established within the executive branch to interpret and implement statutory laws within a given area of expertise. The Federal Communication Commission, for example, has the power to adopt rules, to adjudicate disputes, and to render judgments within its jurisdiction. Federal courts hear appeals to FCC judgments but often show deference to the expert judgment of the agency. (e) The chief executives (president, governors, and mayors) of government have power to issue orders, called executive orders, that have the force of law. This power is limited in scope. For example, the president’s executive power increases during times of war.