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.
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.