BUS204: Unit 1 Assignment Renee Baker

1. Branches of Government a. Textbook Through its separation of powers, the US Constitution establishes the Congress and gives it power to legislate, or make law in certain areas, provides for a chief executive (president) whose function is to execute, or enforce the law, and helps create a federal judiciary to interpret the laws. P. 2 b. Explanations in my own words Three branches of federal government that help run the country by making, enforcing, and interpreting the law. c. Example Judicial. The Supreme Court and the lower courts make up the Judicial Branch which interprets the laws of the United States. The judges of the federal courts are nominated by the President and advised and consented to by the Senate. d. Website According to Factmonster.com (2013), the Legislative has two houses of Congress, the Senate and House of Representatives. Laws are written, discussed and voted in Congress. There are 100 senators in Congress, two from each state. Senators are elected by their states, and the Vice President is head of Senate. The Executive Branch is made of the President, Vice President, and members of the cabinet. The cabinet is made up of the heads of the 15 major departments of the government, and gives advice to the President on important matters. The Judicial Branch oversees the court system of the US. The Supreme Court is head of the Judicial Branch which sits nine judges, eight associate judges, and one chief justice. They have no term limits. The Supreme Courts decisions are final and no one can overrule those decisions (factmonster.com, 2013).

2. Case law a. Textbook Also called judgment law or common law is made by and applied by judges as they decide cases not governed by statues or other types of law p. 3. b. Explanation in my own words The collection of opinions that different judges have used for a similar case and which can be used for reference by other judges. c. Example Say State A passes a law where same-sex marriages aren't recognized. Citizens 1 and 2, who are same-sex partners, are denied a marriage license and file a lawsuit. They claim the law violates their federal and state constitutional rights. The judge agrees with the Citizens and decides that the same-sex marriage ban is legally no good. The judges decision is case law (Lawyers.com) d. Website Lawyers.com (2013) explains that case law is plainly rules of law made by courts when interpreting other laws and court decisions when deciding a particular case. It is very different from statues and regulations which we are familiar with. Case law is just as powerful and binding as law itself. For example, in the same-sex example, another couple in State A may use the court's decision to persuade another

court in that state that the law is invalid (lawyers.com, 2013)

3. Administration Regulations a. Textbook A type of law made by administrative agencies, which like statutes, appears precise in one authoritive source. They differ from statutes, however, because the body enacting regulations is not an elected body. P. 6 b. Explanation in my own words Provides the details for carrying out policy and enforcing it. c. Example - used oil disposal requirements (Rule R315-15, Utah Division of Administrative Rules). (Utah Department of Administrative Services, Division of Administrative Rules, 2013). d. Website According to the Utah Department of Administrative Services, Division of Administrative Rules (2013), an administrative rule serves two purposes. One, it has the binding effect of law; therefore it has a direct effect on our lives and businesses just as much as a statute passed by the legislature. Second, it is a messenger. It informs citizens of actions a state government agency will take or how a state agency will conduct its business. It provides citizens the opportunity to respond -- whether by providing public comment, or becoming involved in some other way.

Works Cited: Ask.com. (2013). What is an example of a case law? Retrieved on January 9, 2013, from http://wiki.answers.com/Q/What_is_an_example_of_a_case_law_in_sport Factmonster.com. (2013). The Three Branches of Government. Retrieved on January 9, 2013, from http://www.factmonster.com/ipka/A0774837.html Lawyers.com. (2013). Lawmakers dont make all the Laws. Retrieved on January 9, 2013, from http://research.lawyers.com/What-Is-Case-Law.html Mallor, Jane P. et al., Business Law: The Ethical, Global, and E-Commerce Environment (15th Ed.), McGraw-Hill (2012), at pgs. 2-6

Utah Department of Administrative Services, Division of Administrative Rules. (2013). Administrative Rules, The Other Half of Utahs Codified Law. Retrieved January 9, 2013, from http://www.rules.utah.gov/abtrules.htm