What is the law anyway, by Attorney Steve®
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WHAT IS "THE LAW?"
In this exciting video, Attorney Steve® discusses what the main "sources of law" are in the United States. Where does law come from? "What is the law." As lawyers, our job is to ferret out the relevant law in our jurisdiction, apply the law to our facts, and persuade the finder of fact that we are right. To do this, we look at the following sources.
1. State legislatures. Have a house and senate in each state. They make and pass laws (signed by the governor). Sometimes looking at "legislative history" can help.
2. Congress (house and senate pass bills). President signs them. Called "statutes"
3. Local government (ex. your local city council and mayor). Think ordinances.
4. Presidential executive orders (have force of law). State governors can also issue executive orders.
5. International treaties
6. Common law (judge made case law). Can be from State or Federal Court. Best case law to cite is a "for publication" case in your jurisdiction that is "on all fours." This is an example of legal precedent or "stare decisis." Preferable is appellate court decisions as opposed to decisions, rulings and orders from trial courts.
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