Sources of Real Estate Law
Jan E. Beran
Attorney at Law
Sources of Law Outline
Roots of The Law
•	English Law
•	Common Law
•	Statutes
•	Spanish and Roman
•	Constitution: Establishes three branches of government
•	Legislative
•	Judicial
•	Executive
Three Branches of Gov’t
•	Legislative Branch
•	Writes Law
•	Congress and State Legislatures
•	Judicial Branch
•	Interprets/applies the law
•	Makes “unwritten” law by Judicial Decisions
•	State and Federal Courts
•	Courts of Limited Jurisdiction
•	Courts of General Jurisdiction
•	Equitable Relief
•	Legal Remedies
•	Appellate Courts
Three Branches of Gov’t (2)
•	Legislative Branch
•	Writes Law
•	Congress and State Legislatures
•	Judicial Branch
•	Interprets/applies the law
•	Makes “unwritten” law by Judicial Decisions
•	State and Federal Courts
•	Executive Branch 
•	Administers the Law
•	Makes law by making Regulations
•	President, Governor, Police & Agencies
Quasi Governments
•	Other organizations that regulate including government created private organizations
•	Homeowner/neighborhood Associations
•	Professional organizations/associations
•	Condominium Regimes/PUDs
Laws Affecting Real Estate
•	Federal law and regulations
•	Fair Housing
•	Environmental
•	Tax laws
•	State Statutory Law
•	Real estate license law 
•	Contract law (UCC)
•	General property law
•	Agency law
•	Fair Housing
•	Environmental
•	Tax laws 
•	Landlord tenant

•	Local (county and city) Codes
•	Tax laws
•	Zoning and land use laws
•	Building and Safety Codes
•	Fire
•	Environmental
•	Fair Housing
•	Common Law:
•	Contract law
•	General property law
•	Agency law
•	Landlord tenant
•	Tort law

Where to Sue?
•	Courts of Limited Jurisdiction
•	Small Claims Court
•	Probate
•	County Court (damages and certain other cases)
•	Courts of General Jurisdiction (District)
•	Any “state” case
•	Equitable Relief “make parties do what is fair and what they are supposed to do”
Anatomy of a Law Suit
•	Claim arises
•	Demand for retribution
•	Refusal to satisfy
•	Drafting/filing of Complaint (where to file?)
•	Service of Process
•	Answer Date
•	Default Judgment?
Anatomy of a Law Suit (2)
•	Motions and Discovery
•	Trial
•	Judgment
•	Appeal? 
•	Enforcement of judgment
•	Execution
•	Garnishment
•	Satisfaction