California Law

January 21

Sources of Law

SOURCES OF LAW

• CONSTITUTIONS

• CASE LAW

• STATUTORY LAW• ADMINISTRATIVE REGULATIONS• LOCAL ORDINANCES• Rules of Court

SOURCES OF LAW

• FEDERAL LAWS AND STATE LAWS ARE FOUND IN SEPARATE SOURCES

• FEDERAL LAW: U.S. CONSTITUTION, FEDERAL CASES, UNITED STATES CODES, Code of Federal Regulations, Federal and Local Rules of Court

• CALIFORNIA LAW: CALIF. CONSTITUTION, CALIF. CASES, CALIF. CODES, Calif. Code of Regs., State and Local Rules of Court

Review: What is a constitution?

• Framework for government– Power of government– Limits on government– Statement of basic individual rights

U.S. Constitution

• Establishes federal government– Grants powers: Express and Implied

• Necessary and Proper clause—power to make laws necessary and proper to carry out express powers

– Limits powers• All powers not given to federal government are

reserved to the states

• Does not apply to states, unless it says so

California Constitution

• Establishes state government

• Can extend individual rights stated in U.S. Constitution—but cannot take away rights

• Unique feature—can be amended by electorate

• http://www.leginfo.ca.gov/const-toc.html

Chapter 4: Finding and Using the Law

What Is Case Law?• Rule that results from the way an appellate

court resolves a dispute between parties if found in a published decision

• Published = designated book publications known as case reporters

• Concept of Stare Decisis = Precedent

Stare Decisis

• Once a factual dispute is decided by a court, other courts must follow the same rule if– A. Same jurisdiction– B. The decision is from a higher court– C. The decision is published

Limits on Case Law

• Courts do not have general law making powers

• Courts interpret constitutions and statutory law

• Courts apply prior case decisions or common law to new factual disputes

APPELLATE PROCESS

• FACTUAL DISPUTE IS RESOLVED AT TRIAL COURT(NO CASE LAW RESULTS)• LOSING PARTY FILES APPEAL IN INTERMEDIATE APPELLATE COURT

(EXCEPTION--PROSECUTOR IN CRIMINAL CASE CANNOT APPEAL NOT GUILTY VERDICT

• APPELLATE COURT REVIEWS CASE AND RENDERS A WRITTEN OPINION (OPINION BECOMES CASE LAW IF PUBLISHED AND IF NO FURTHER APPEAL)

• LOSING PARTY CAN SEEK FURTHER REVIEW IN HIGHEST COURT (OFTEN BY FILING PETITION FOR WRIT OF CERTIORARI)

• IF HIGH COURT GRANTS A HEARING IT REVIEWS ACTIONS IN LOWER COURTS AND RENDERS A WRITTEN OPINION (THIS OPINION BECOMES CASE LAW IF FINAL)

• IF CASE LAW CONTAINS CONSTITUTIONAL ISSUE, LOSING PARTY CAN REQUEST HEARING IN U.S. SUPREME COURT

• IF COURT GRANTS A HEARING IT REVIEWS LOWER COURT ACTIONS AND RENDERS A WRITTEN OPINION WHICH BECOMES CASE LAW

Chapter 4: Finding and Using the Law

What Is Statutory Law?

• Law enacted by legislature– Federal– State– Local

• Administrative Regulations– Regulations from agencies, usually under power

given by legislature

• Rules of Court

Nature of Statutory Law

• Usually general rules, rather than factual disputes

Katzenbach v. McClung

• What statutory law is involved in this case?

• Why does the Court care about the Interstate Commerce Clause?– What is the I.C. Clause?

• Did Ollie’s really have an impact on Interstate Commerce?

• How does the concept of Federalism fit into this case?

Brown v. Board of Education

• Which constitutional amendment controls this case?

• Does the Equal Protection Clause apply to the federal government?

• Was Plessy v. Ferguson stare decisis here?• Is Brown stare decisis for cases in Washington

D.C.?