Explain the Categories of Primary Sources of Law and How the Laws Are Made

Statutes are legislative acts. These are laws passed either at the federal level or at the provincial or territorial level. Although laws should be constitutional, they are less stable and are regularly amended and revised. Except for historical purposes, the most recent revision of a law should be used. Other written and published laws that apply to individuals are administrative laws and orders. Laws and administrative regulations must not replace or contradict statutory law. The preamble is simply a political statement explaining why the law was passed and the reasons for its passage. The definition section defines the key terms of the bill. The procedural part illustrates how and when the law is to come into force.

For example, the section could stipulate that the law applies only for 10 years from the date of its adoption. The substantive section establishes the terms of the law itself (this is the “flesh” of the law). The “Construction” section contains general guidelines that courts should apply when interpreting the law. State criminal laws differ widely, so in the early 1960s, a group of jurists, lawyers, and judges who are members of the American Law Institute drafted a series of proposals for criminal laws called the Model Penal Code. The intent of the Model Penal Code was to provide a standardized set of criminal laws that all States could adopt in order to facilitate the diversity effect of the United States legal system. Although the Model Penal Code has not been widely adopted, a majority of States have included parts of it in their penal codes, and the Model Penal Code survives as a guideline and talking point when state legislators amend their criminal laws. Administrative laws are enacted by administrative agencies, which are government agencies designed to regulate in certain areas. Administrative authorities can be federal or state authorities and contain not only a legislative, but also an executive (execution) and a judicial (court). The Food and Drug Administration (FDA) is an example of a federal administrative agency. The FDA regulates any food or drug manufactured and marketed in the United States. The statutes are legislative acts. These are laws passed either at the federal level or at the provincial or territorial level.

Regulations are made by bodies that Parliament appoints these powers, not by Parliament itself. The English legal system found its way to the United States with the first settlers. Initially, the thirteen colonies unanimously adopted common law as the law of the land. All crimes were common law crimes, and cases determined criminal elements, defences and regimes of punishment. Gradually, after the Revolutionary War, hostility to England and modern reforms led to the erosion of common law crimes and a codification movement. States have begun to replace common law crimes with laws enacted by state legislators. Oxford professor Sir William Blackstone`s Commentaries on the Law of England, which interpreted and summarized English common law, became an essential reference when the nation began to transform common law principles into written laws, ordinances and penal codes (Duhaime, L., 2010). For more information on how laws are passed in the federal system, see: HOW OUR LAWS ARE MADE, revised and updated by Charles W. Johnson, Congressman, U.S. House of Representatives, January 31, 2000 A judge writes the court`s opinion. Judges vote on how they decide, and not all cases are supported by a unanimous decision. Occasionally, other judges will wish to supplement the judicial opinion.

If a judge agrees with the judge`s opinion, he or she could write a concurring opinion, which is why the judge agrees. If a judge disagrees with his or her opinion, he or she could write a dissenting opinion explaining why the judge disagrees. The dissenting opinion does not change the opinion of the court, but can also serve as a precedent in a future case if there are reasons to change the law. Of the three sources of law, constitutional law is considered the highest and should not be replaced by one of the other two sources of law. According to the principles of federal supremacy, the federal or U.S. Constitution is the primary source of law, and state constitutions cannot replace it.