1. Branches of Government
(A) “First, [constitutions] set up the structure of government for the political unit they control (a state or the federal government). This involves creating the branches and subdivisions of the government and stating the powers given and denied to each. Through its separation of powers, the U.S. Constitution establishes the Congress and gives it power to legislate or make law in certain areas, provides for a chief executive (the president) whose function is to execute or enforce the laws, and helps create a federal judiciary to interpret the laws” Jane P. Mallor et al., Business Law, 2 (14th ed. 2010).
(B) Branches of government are the different political units that are given authority over specific matters. They are also limited to their specific area of control in order to separate power from being controlled by a single unit.
(C) The executive, legislative, and judicial branches of the U.S. government are examples of different branches of government that were put in place to balance the power that is separated between the three political units.
(D) “To ensure that no person or group would amass to much power, the founders established a government in which the powers to create, implement, and adjudicate laws were separated” The White House, Our Government, http://www.whitehouse.gov/our-government (last visited May 7th 2011). This website explains that our country’s founders created the three branches of government in order to provide check and balances of power.
2. Case law
(A) “The common law (also called judge-made law or case law) is law made and applied by judges as they decide cases not governed by statutes or other types of law” Jane P. Mallor et al., Business Law, 3 (14th ed. 2010).
(B) Case law is law that is created by a judge who is over a case when it is determined that no statutory or regulatory law provides for the circumstance of the case.
(C) Our text book provides an example of case law in Gribben v. Wal-mart Stores, Inc. 824 N.E.2d 349 (Ind. Sup. Ct. 2005). In this example the plaintiff filed a lawsuit in a federal court where the federal magistrate was unsure if common law recognized one of the plaintiff’s claims. The issue was presented to the Supreme Court of Indiana which decided not to develop new case law by not allowing the plaintiff’s claim. Jane P. Mallor et al., Business Law, 3 (14th ed. 2010).
(D) “Case law consists of the written opinions (or decisions) of courts as they resolve litigation. Opinions explain the reasoning behind the resolution, including citations to relevant statutes and other cases (precedents).” Hilton C Buley Library, Law Resources: What is Case Law?, http://www.library.southernct.edu/lawcasewhat.html (last visited May 8th 2011). Case law really is the body of decisions created by the courts that fills in the gaps that are left unfilled by other types of law.
3. Administrative Regulations
(A) “As do statues, administrative regulations appear in a precise form in one authoritative source. They differ from statues, however, because the body enacting regulations is not an elected body. Jane P. Mallor et al., Business Law, 6 (14th ed. 2010).
(B) Administrative regulations are created by agencies that are delegated power from Congress. These regulations have the same effect as statutes and establish rules of conduct in specific areas.
(C) The Food and Drug Administration (FDA) is an example of an agency that creates administrative regulation. The FDA received most of its authority from the Federal Food, Drug, and Cosmetic Act passed by congress.
(D) “FDA is responsible for protecting the public health by assuring the safety, efficacy and security of human and veterinary drugs, biological products, medical devices, our nation’s food supply, cosmetics, and products that emit radiation.” FDA U.S. Food and Drug Administration, What We Do (2010), http://www.fda.gov/AboutFDA/WhatWeDo/default.htm.
FDA U.S. Food and Drug Administration, What We Do (2010), http://www.fda.gov/AboutFDA/WhatWeDo/default.htm.
Hilton C Buley Library, Law Resources: What is Case Law?, http://www.library.southernct.edu/lawcasewhat.html (last visited May 8th 2011).
Jane P. Mallor et al., Business Law, 2-6 (14th ed. 2010).
The White House, Our Government, http://www.whitehouse.gov/our-government (last visited May 7th 2011).