E. Legal Concepts
 
 
 
 
    Basic types of law (by precedence) 
   
1.  constitutional:  fundamental laws of a government
                     includes: federal and state constitutions, 
                               city charters
   
2.  statutory:       laws passed by vote of legislature or public
                     includes: statutes, ordinances, referenda
   
3.  administrative:  laws written by appointed officials (agencies)
                     includes: regulations
   
4.  common:          laws taken from previous court decisions
                     includes: tort law = a "private wrong" separate 
                                          from statutes and contracts.
   
                     (also includes nuisance laws and eminent domain)
   
 
    Other fundamental powers
                     
5.  nuisance laws:   government may limit use of property               
                     if it harms others or is "unreasonable"            
                                                                        
6.  eminent domain:  government may "take" property if:                 
                       for the public interest, and                     
                       fair compensation is made                        
                                                                        
7.  police power:    government must have power to enforce its own  
                     regulations  

Police power is the primary justification for agencies.                                       

                                                                        
    Responsibilities                                                    
                                                                        
8.  due process:     fairness and completeness of laws                   
                                                                        
9.  equal            consistency of law                                  
    protection:                                                         
                                                                        
10. exclusionary     evidence must be legally obtained                   
    rule:                                                               
                                                                        
11. demurrer:        admit to facts but challenge legal propriety        
                                                                        
                                                                        
    Other                                                               
                                                                        
12. Stare decisus:   "the decision stands"                               
                                                                        
13. Rights:          a power, privilege, or interest, protected by law.  
                                                                        
14. Duties:          the corresponding responsibility      
                     to respect a right.                               
 
15.  U.S.C. (United States Code): the codification of U.S. federal statutes. 
 
16.  U.S.C.A. (United States Code Annotated): codification cross referenced 
             with court decisions. 
 
17.  C.F.R. (Code of Federal Regulations): federal regulations
 
18.  Tort law:   a "private wrong." 
 
19.  California Health and Safety Code includes statutes on health and safety. 
 
20.  A duty is a corresponding responsibility to respect a right. 
 

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