About This Chapter
Most of us know about the highest source of law in the U.S. - the Constitution. However, the Constitution is only one source of law in this country. In this chapter, you will learn where other laws come from. You'll also get to look at the three branches of our government to see how laws are created and managed. Lessons will cover things like the difference between civil and criminal law, and public and private law. You'll also get to look at sources of law at state and local levels. Some of the things you'll learn in this chapter include:
- Civil vs. criminal law
- Local, state and federal ordinances
- Explanation of rule of law
- Public vs. private law
- Administrative and regulatory law with accompanying cases
|Public Law vs. Private Law: Definitions and Differences||Discuss the difference between public law and private law.|
|Criminal Law vs. Civil Law: Definitions and Differences||Explain how criminal law and civil law differ.|
|Substantive Law vs. Procedural Law: Definitions and Differences||Define and explain substantive law and procedural law. Include terms: due process and statutory law.|
|Administrative/Regulatory Law: Definition & Example Cases||Explain administrative/regulatory law. Example cases are: Brown v. Board of Education [347 U.S. 483 1954]; 1954 U.S. Lexis 2094 & Regents of University of California v. Bakke [438 U.S. 265 (1978); 1978] U.S. Lexis 5).|
|Local, State & Federal Ordinances: Definitions and Differences||Discern the difference between local, state, federal ordinances and define each.|
|What Is the Rule of Law? - Definition & Principle||Examine the meaning of rule of law such that no one or entity is above the law, discuss limitations on the government.|
1. The 3 Branches of Government: Executive, Legislative, Judicial
In 1787, leaders from each of the states gathered to write the United States Constitution. The Constitution sets out how our nation is governed and creates a system that separates powers between different branches. This lesson explores the three branches of our federal government.
2. What Is Constitutional Law? - Definition & Example
Constitutional law deals with the understanding and use of the United States Constitution. This lesson will define and discuss constitutional law, while examining several famous constitutional law cases.
3. The Bill of Rights: The Constitution's First 10 Amendments
The Bill of Rights was pivotal in getting the U.S. Constitution ratified. More importantly, the Bill of Rights guarantees the rights of every citizen of the United States in a way that is nearly unequaled.
4. U.S. Constitution: Definition and the Judicial Review of Marbury v. Madison
Our United States Constitution is known as the 'Supreme Law of the Land.' The United States Supreme Court determines when other laws are in conflict with the Constitution. This lesson explains the concepts of supremacy and judicial review.
5. 'Necessary & Proper' and Interstate Commerce Clauses
The United States Constitution includes several important provisions that empower the United States Congress to make particular laws. This lesson explores the necessary and proper clause and the commerce clause.
6. Privileges & Immunities Clause: Definition & Examples
The United States Constitution includes two privileges and immunities clauses. These clauses protect citizens' fundamental rights and prevent states from discriminating against out-of-state citizens. This lesson explores the use of the privileges and immunities clauses, including how these clauses are used in business relations.
7. Full Faith & Credit Clause: Definition & Examples
The Full Faith and Credit Clause was a key addition to the United States Constitution because it helped to unify the independent states. This lesson explains the Constitution's Full Faith and Credit Clause.
8. Contracts Clause: Examples & Definition
The United States Constitution's Obligations of Contracts Clause was drafted in order to keep states from interfering with private contracts. This lesson explains the use of the Contracts Clause in business and how the interpretation of the Contracts Clause has changed over time.
9. Federalism & the Supremacy Clause: Definition & Example
The United States is a federalist government, where the citizens are subject to the powers of several governmental units. Our United States Constitution tells us that the federal government is the highest, or supreme, governmental power. This lesson explores the concept of federalism and the supremacy clause.
10. Local, State & Federal Ordinances: Definitions and Differences
In the United States, people are subject to the powers of several governmental units. Citizens must comply with federal, state and local laws - all at the same time. This lesson explores the definitions and differences between federal, state and local laws.
11. Administrative/Regulatory Law: Definition & Example Cases
Administrative laws are those laws that govern the formation and operation of administrative agencies and the rulings made by administrative agencies. This type of law is sometimes called regulatory law. This lesson explores administrative law and administrative agencies.
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Other chapters within the CLEP Introductory Business Law: Study Guide & Test Prep course
- History of American Law
- Constitutional Law
- American Legal Systems
- Legal Procedures
- Contract Law Basics
- Capacity in Contract Law
- Contract Law and Third Party Beneficiaries
- Contracts: Assignment and Delegation
- Contracts: Statute of Frauds
- Contracts: Scopes and Meanings
- Contracts: Breach of Contract
- Contracts: Discharge of Contracts
- The Legal Environment
- Securities and Antitrust Law
- Property Law
- Creditors' Rights
- International Business Law
- Product Liability and Consumer Protection
- Types of Business Organizations
- Torts in Business Law
- Defamation, Libel & Slander
- The Role of Agency in Business Law
- Sales & the Law
- CLEP Introductory Business Law Flashcards
- Additional CLEP Introductory Business Law Flashcards