Five Sources of Law; How the Supreme Court works

Discuss the five sources of the law in the American legal system: common law, law of equity, statutory law, constitutional law and executive orders/administrative law. Explain how each was created and discuss what purpose each serves. To which source does the Bill of Rights belong? List the rights that are included in the Bill of Rights?

Explain the process by which the Supreme Court of the United States agrees to hear an appeal of a lower court case. Include in your answer discussion of a writ of certiorari and the rule of four. Then, once the Supreme Court agrees to hear a case, explain how the petitioner and respondent present a case before the Supreme Court. Finally, explain how after the case is heard the Supreme Court justices reach a decision in a case and write their opinion/s for the case.

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Sample Answer

here are the five sources of law in the American legal system:

  • Common law is judge-made law that developed over time through the decisions of English and American courts. It is based on the principle of stare decisis, which means that courts should follow the precedents set by previous decisions. Common law is used to fill in the gaps where there is no statutory law or constitutional law.
  • Law of equity is a body of law that developed in England as a supplement to the common law. It is based on the principle of fairness and justice, and it allows courts to grant remedies that are not available under the common law. For example, a court of equity might order someone to undo a wrong that they have committed, even if the common law would not allow them to be sued for damages.

Full Answer Section

  • Statutory law is law that is passed by a legislature. It is the most common source of law in the United States, and it is used to establish the basic rules of conduct for society. Statutory law can be either federal or state law.
  • Constitutional law is the supreme law of the land. It is the foundation of the American legal system, and it establishes the powers of the federal government and the rights of the people. The Constitution can only be amended by a supermajority vote of Congress or by a constitutional convention.
  • Executive orders/administrative law are rules and regulations issued by the executive branch of government. They are used to implement and interpret statutory law, and they can have a significant impact on the lives of Americans.

The Bill of Rights is a part of the Constitution, and it is considered to be a part of constitutional law. The Bill of Rights guarantees certain fundamental rights to all Americans, including the right to free speech, the right to bear arms, and the right to a fair trial.

The Supreme Court of the United States agrees to hear an appeal of a lower court case through a process called certiorari. A writ of certiorari is a request to the Supreme Court to review a lower court decision. The Supreme Court only grants certiorari to cases that it believes have important legal issues.

The rule of four states that the Supreme Court will only grant certiorari if four of the nine justices vote to do so. This means that if three justices vote against granting certiorari, the case will not be heard by the Supreme Court.

Once the Supreme Court agrees to hear a case, the petitioner and respondent will present their arguments to the Court. The petitioner is the party who is appealing the lower court decision, and the respondent is the party who won in the lower court. The parties will present their arguments in written briefs and in oral arguments before the Court.

After the case is heard, the Supreme Court justices will reach a decision. The decision will be announced in an opinion, which is a written explanation of the Court’s decision. The opinion will be signed by one or more of the justices, and it will set forth the legal reasoning behind the Court’s decision.

Here is a summary of the process by which the Supreme Court agrees to hear an appeal of a lower court case:

  1. A party who is unhappy with a lower court decision can file a petition for a writ of certiorari with the Supreme Court.
  2. The Supreme Court will consider the petition and decide whether to grant certiorari.
  3. If the Supreme Court grants certiorari, the case will be scheduled for oral arguments.
  4. After the oral arguments, the Supreme Court justices will reach a decision and write an opinion.
  5. The opinion will be announced to the public.

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