3-2.
THREE BASIC SOURCES OF THE LAW
Three sources of the law are: statutes, decisions, and rules of administrative
agencies, and court decisions. (The fourth source of the law, the Constitution, will not
be considered here.)
3-3.
STATUTES, A BASIC SOURCE OF THE LAW
a. Statutory law, enacted by various legislatures, is a basic source of the law.
Legislative bodies that enact statutes include the US Congress, state legislatures, city
councils, and county boards of supervisors.
b. When there is a conflict between Federal and state laws, valid Federal law
takes precedent. In conflicts between state and local laws, valid state law prevails.
statutory law: a body of written laws originating in Federal, state,
and local legislatures.
3-4.
DECISIONS AND RULES OF ADMINISTRATIVE AGENCIES
a. Administrative Agencies Empowered by the Legislature. Decisions and
rules of Federal and state administrative agencies are another basic source of the law.
Many administrative agencies are given the responsibility and power to adopt
regulations and to decide how statutes and regulations apply to individual situations.
Administrative agencies, such as the Food and Drug Administration (FDA), the
Environmental Protection Agency (EPA), the National Labor Relations Board (NLRB),
and the Internal Revenue Service (IRS), are given these powers because the legislature
does not have the time or the expertise to address the complex issues involved in many
areas that need to be regulated. Radiation protection requirements for lead in the walls
surrounding x-ray machines and the monitoring of x-ray machines for leakages are the
result of FDA rules and regulations.
decisions and rules: mandates and decisions from Federal and state
administrative agencies, for example, EPA, FDA, IRS.
b. Agencies' Decisions Based on Past Precedent. In order to be consistent
in their decision making, agencies look back at the position they adopted in previous
cases involving similar matters. This is comparable to the way in which courts develop
common law (see paragraph 3-5). When dealing with agencies, it is important to review
the body of laws that has evolved from their previous decisions. Generally, proposed
rules must be published to allow comment before they are finalized. Professional or
hospital associations fulfill an important role by monitoring and commenting on
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