Sources of Law

1
Sources of Law

• The Law and Higher Education

2
Three Broad Areas

• Federal
• State
• Local

3
Federal

• Constitution -- Review
• Legislative Power (Art. I)
• Congress creates laws called statutes
• Executive Power (Art. II)
• President and all of the departments enforces
  those laws through regulations
• Judicial Power (Art. III)
• Interprets the constitution, statutes, and
  regulations.

4
Legislation

• Understand the distinction between statutes and
  regulations is very important. Look at an example
  of a federal statute relevant to higher
  educationFERPA
• Click here for the statute
• Now compare it to the regulation the Department
  of Education wrote to enforce it.
• The regulations are here.
• What were some of the differences you noticed?
• What is the title of Section ??

5
Definitions

• The definition section of regulations provide
  critical information for enforcement. For
  example, institution is defined specifically
  because the law was not intended to apply to
  every educational institutiononly certain ones.
  So the regulation must define what an institution
  is, and then indicate the rules such institutions
  must follow in accordance with the remaining
  sections of the regulation.

6
Case Law

• In the American legal system, every aspect of the
  law is addressed in its court system.
  Constitution, statutes, and regulations are all
  addressed in court cases. And the power of the
  courts, especially the Supreme Court, illustrates
  why this is so.
• Read Marbury v. Madison

7
Marbury v. Madison

• You must place yourself back in the early 1800s.
  The country called United States of America is
  very new and they are trying this new form of
  government called a representative republic. And
  now the Congress has changed a portion of the
  Supreme Courts responsibility? What was that
  change?
• Supreme Court tells Congress the law they created
  was unconstitutional. What would Congress do?
  Would Congress ignore the decision? Demand a
  ruling? Or begin impeachment against the
  justices? Or, would Congress accept the Supreme
  Courts decision?

8
The Result

• This decision solidified the Supreme Courts
  place as having the final say on the law of the
  land. The Supreme Court interprets the
  Constitution by holding when actions exceed the
  limits of the Constitution. It makes sure laws
  passed by Congress are constitutional. It also
  makes sure the regulations written by the
  executive branch match the intentions of the law
  passed by Congress.

9
Supreme Court Specifics
10
State Level

• Similar to the federal level
• Legislature
• Governor
• Courts

11
Local Level

• Different local entities create ordinances that
  affect the citizens
• County
• Zoning
• Blue Laws
• City

12
Court Systems

• Federal Systems
• State Systems
• Jurisdiction
• General
• Limited or special
• Subject matter
• Amount of money involved

13
Federal

• District Courts
• Court of Appeals (divided by circuits)
• Supreme Court

14
Mississippi

• Circuit Courts (22)
• Courts of general jurisdiction
• Chancery Courts (20)
• Limited jurisdiction mainly subject
• Justice Courts (83)
• Limited jurisdiction dollar and subject
• County Courts

15
Appellate Courtstwo levels

• Court of Appeals
• Supreme Court