Melissa Hinton

CJUS 2050
2.1 Forum

1. Four key elements defining law:

a. Law is a body of rules
i. Ex: statutes, constitutions, court decisions, & administrative
regulations
b. Law is enacted by public officials
i. Enforced by political authority
1. Must be recognized by judges, legislators & executives
c. Law is enacted in a legitimate manner
i. Must be agreed upon ahead of time of how rules have changed
d. Law is backed by force of the state
i. Rules/regulations are meaningless without sanctions
2. Characteristics of common law:
a. Judge-made law
i. Law is developed by judges.
b. Precedent
i. Stare decisis (let the question stand). Requires that a judge apply
the rule of law found in previous cases.
1. Ex: Miranda v. Arizona
c. Multiple sources of the law
i. Uses constitution to establish underlying principles & general laws of a
nation or state.
ii. Statutes uses statutory law (federal & state legislatures) enacted by
municipal ordinances.
iii. Administrative regulations use laws adopted by administrative
agencies such as agencies, boards, bureaus, commissions, &
departments.