Jun 25, 2018 in Law

Law Opinion Paper

Law is a set of rules that are used to govern persons in a state and in the United States in particular it consists of two different forms which are codified and uncodified whose importance lies in the constitution which is the main document and supreme law of the land all other laws are not meant to contravene a constitution (Stephen, & Levinkind, 2005). The constitution is the foundation on which all the elements of federal government lie giving its limits and jurisdiction. Federal law and constitutional law rest for each of the fifty states and the there is a preempted limit for the different territories and only to contents of the constitution.  Rights are granted to the citizens as long as not in infringement to the constitution that is why in the united states the citizenry really make use if their rights such as is seen in living law which includes such items as tort, family law, contract and criminal law which is all things that they encounter on almost a daily basis (California v. Ramos, 1983). The United States has one of the strictest legal systems in the sense that they are almost zero tolerance on corruption and thus their cases in court do not take unnecessary long periods.

The United States has four main sources of law which are: Constitutional law is the supreme law of the land, Statutory law this are the written laws, administrative law deals with procedures and administration of the courts and common law derived from England.

Statues by the congress have to be within the spirit of the constitution and anything else is seen as illegal and the Supreme Court has the power to nullify the law which in contravention. As per the adopted principle of stare decisis in which a decision by a superior court cannot be used by a lesser court so even though some of the rejected laws still remain in record they cannot be used by any courts and if they did they are subject to being reversed by the courts (Friedman, 2005).

Common law has been adopted by the United States as has been before in other for British colonies. In this however some elements such as bills of attainder and general search were rejected. The reception date is one with which after which the precedents are not useful but we have seen that recent cases are cited meaning that they are adaptable to the situation and this is allowed by having a bill in congress to permit it (Burnham, 2006). These statues were as long as they comply with morality and the indigenous communities. The judges get to use precedence in their decisions in which they get to relate with similar occurrences cases.

Federal law it derives its origin from the constitution and has mandate from the congress to enact statutes in such matters as commerce. Regulations are made to carry out the force of the law and this have to be suitable to all the citizens equally. The federal government has power to govern such things as government, military, and foreign affairs. The law must have a linkage to the constitution and its best way of interpretation.  Federal courts do not dictate the contents of the law and instead have a great dealing the administration of the law and country (Pruneyard Shopping Center v. Robins, 1980). A law is made by having it being passed in the congress and then handed to the president for consent and signing. When consented, it is endorsed, it is sent to the Office of Federal Registration in which it is published and given a number (Kowalski, 2009). The law makers should have the citizens’ benefit in mind while making any laws and make a difference and eradicate any vices that can be avoided by law. This way the people’s views will be well represented. 

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