General Legal Principles and the Regulatory Framework
Sources and Hierarchy of Law
Candidates should be able to rank sources of law: constitutional provisions, statutes and regulations, then common-law and case precedent, with administrative guidance lowest. Understand the distinction between substantive and procedural rules, between public and private law, and between civil and criminal burdens of proof (preponderance versus beyond a reasonable doubt). Know how a regulation gains force through enabling legislation and delegation, and why an agency cannot exceed its statutory grant.
Core Doctrines to Master
Review stare decisis, precedent hierarchy, statutory interpretation canons (plain meaning, expressio unius, absurdity), and the presumption against retroactivity. Understand legal capacity, statutes of limitations versus repose, and the effect of a saving clause.
Common Traps
Questions frequently test: (1) conflating a regulation with a statute; (2) assuming a court may ignore precedent at will; (3) mixing the burden of production with the burden of persuasion; (4) treating persuasive authority as binding; (5) forgetting that a repealed statute generally does not apply to prior conduct absent a savings clause.
Worked Example
A question states that an agency issued a rule restricting conduct not mentioned in its enabling act. Rule of thumb: ask first whether the legislature delegated authority over that subject. If not, the rule is invalid regardless of how reasonable it sounds. Delegation is the gate; reasonableness only matters within the gate.
Rule of Thumb
When two sources conflict, the higher authority prevails; when a specific provision conflicts with a general one, the specific controls.