Chapter 1: Law and Legal Reasoning

 WHAT IS “LAW”?

 WHY DO WE NEED LAWS?

 4 SOURCES OF LAW
1. CONSTITUTIONAL LAW. Sets forth:
 The general organization of the state or federal body.
 Powers
 Limits on powers.
2. ADMINISTRATIVE LAW
 Federal
 State
3. STATUTORY LAW - 3 TYPES
 Legislation
 Ordinances
 Uniform laws
4. CASE LAW

 CASE LAW
o 2 main types of courts/cases:
 Criminal = Public v. Individuals
 Civil = Individuals/Entities vs. Individuals/Entities
o How do court’s decide cases? The legal reasoning process.
 Issue
 Rule
 Application
 Conclusion
o Courts decide cases by applying IRAC and by following the principle of
Stare Decisis which has two main components:
 Courts can not overturn its own prior decisions (a.k.a.
precedents) unless there is a strong reason to do so.
 Courts must follow the decisions of higher courts.
o Where do you find case law and how do you read and understand it?
 Citations & Reporters
 Decisions & Opinions