The American legal system is built on a complex hierarchy of laws, from the supreme U.S. to local ordinances. This structure ensures a balance of power between federal, state, and local governments, while protecting individual rights and maintaining order.
, based on court decisions and precedent, plays a crucial role alongside statutory law. This dual system allows for both consistency through and flexibility to address new legal challenges as they arise in society.
Sources of Law in the American Legal System
Hierarchy of American laws
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U.S. Constitution
Serves as the supreme law of the land establishes framework for federal government
Grants and limits powers of federal government protects individual rights through amendments ()
Federal statutes
Enacted by Congress must be consistent with Constitution
Take precedence over state laws and local ordinances ()
Treaties
Agreements between U.S. and other countries ratified by Senate
Have same authority as federal statutes can override conflicting state laws
State constitutions
Establish framework for state governments cannot conflict with U.S. Constitution or federal laws
Often include additional protections for individual rights (right to privacy)
State statutes
Enacted by state legislatures must comply with state constitution and federal law
Address issues not covered by federal law (property, contracts, family law)
Local ordinances
Enacted by cities, counties, or other local governments
Cannot conflict with state or federal laws regulate local matters (zoning, public health)
Issued by the President to direct federal agencies and officials
Have the force of law but can be overturned by Congress or the courts
Common law and case precedent
Common law
Derived from English legal tradition based on court decisions rather than statutes
Judges apply legal principles from prior cases to decide current cases (reasoning by analogy)
Stare decisis
Courts follow precedent to maintain consistency and stability in the law
Lower courts must adhere to decisions of higher courts in their jurisdiction (vertical stare decisis)
Courts generally follow their own prior decisions (horizontal stare decisis)
Reported court decisions serve as a source of legal authority and guidance
Helps interpret and apply statutes and regulations to specific situations
Develops legal doctrines and tests (strict scrutiny, reasonable person standard)
Principles of fairness and justice used by courts when legal remedies are inadequate
Originated in English common law system to provide flexible solutions
Laws vs regulations
Laws
Enacted by legislative bodies (Congress, state legislatures, city councils)
Establish general rules of conduct and policy broad in scope
Enforced by executive branch agencies (law enforcement) and the courts
Regulations
Created by administrative agencies to implement and enforce laws
Provide specific rules and procedures for compliance narrower in scope than laws
Carry the force of law but must not exceed the authority granted by enabling legislation
process
Agencies propose regulations based on statutory authority granted by laws
Proposed regulations undergo public comment period for input and feedback
Final regulations published in Federal Register (federal) or state equivalents
Enforcement
Laws enforced by police, prosecutors, and courts through civil and criminal proceedings
Regulations enforced by issuing agencies through administrative actions (fines, penalties, licenses)
Violations of laws or regulations can result in legal consequences (imprisonment, damages)
Additional Legal Concepts
Legal system based on codified laws rather than judicial precedent
Contrasts with common law systems found in many English-speaking countries
Governs the activities of administrative agencies of government
Includes rulemaking, adjudication, and enforcement of regulations
The philosophy and theory of law
Examines the nature of law, legal reasoning, and legal systems
Key Terms to Review (16)
Administrative Law: Administrative law is the body of law that governs the creation and operation of government administrative agencies. It establishes the powers and responsibilities of these agencies, as well as the procedures they must follow in carrying out their duties and interacting with the public.
Bill of Rights: The Bill of Rights refers to the first ten amendments to the United States Constitution, which outline specific protections of individual civil rights and liberties. It serves as a foundational document that establishes the basic principles of American legal and governmental systems.
Case law: Case law refers to the body of law that is established by the outcomes of previous court decisions and judicial rulings. It plays a vital role in interpreting statutes and regulations, ensuring that the legal system remains consistent and fair by relying on precedents set by earlier cases. This reliance on previous decisions allows for a more predictable legal environment, as judges often refer to established case law when making rulings.
Civil Law: Civil law is a legal system that is primarily concerned with private rights and remedies, as opposed to criminal law which deals with public wrongs and punishments. It establishes the rights and duties between individuals and provides a framework for resolving disputes through the judicial process.
Common Law: Common law is a legal system that is primarily developed through judicial decisions rather than through legislative statutes. It is based on precedent, where courts make rulings on cases and those rulings then become the basis for how future similar cases are decided. Common law is a foundational element of the legal systems in many countries, including the United States, the United Kingdom, and other former British colonies.
Constitution: The Constitution is the foundational document that establishes the structure, powers, and limitations of the United States government. It serves as the supreme law of the land, outlining the core principles and framework that govern the nation.
Equity: Equity refers to the fair and impartial treatment of all individuals under the law, ensuring that everyone has access to the same rights, opportunities, and protections regardless of their personal characteristics or circumstances. It is a fundamental principle in the context of sources and types of law, guiding the development and application of legal systems.
Executive Orders: Executive orders are legally binding directives issued by the President of the United States to federal administrative agencies. They have the force of law and allow the president to manage federal operations without the direct approval of the legislative branch.
Jurisprudence: Jurisprudence is the study of the philosophy and theory of law. It examines the fundamental principles and concepts that underlie the legal system, providing a deeper understanding of the nature, purpose, and application of law.
Ordinance: An ordinance is a type of local law or regulation enacted by a municipal government, such as a city or county, that has the force of law within its jurisdiction. Ordinances are a key source and type of law that govern various aspects of community life, complementing state and federal laws.
Regulation: Regulation refers to the set of rules, policies, and procedures established by governing authorities to control, guide, or direct the behavior and activities of individuals, organizations, or industries within a specific domain. Regulation is a fundamental aspect of the legal system and plays a crucial role in maintaining order, protecting rights, and ensuring the proper functioning of various aspects of society.
Rulemaking: Rulemaking is the process by which government agencies create, amend, or repeal rules and regulations that have the force and effect of law. It is a key mechanism through which regulatory agencies exercise their authority to implement and enforce the laws passed by the legislative branch.
Stare Decisis: Stare decisis is a legal principle that obligates courts to follow the precedents established by previous judicial decisions. It is a fundamental tenet of the common law system, ensuring consistency, predictability, and stability in the application of the law.
Statute: A statute is a formal written law enacted by a legislative body, such as a parliament or congress. Statutes are a primary source of law that establish legal rights, duties, and procedures, and are a key component of the sources and types of law.
Supremacy Clause: The Supremacy Clause is a provision in the U.S. Constitution that establishes the Constitution, federal laws, and treaties as the 'supreme law of the land.' This means that federal law takes precedence over state law when the two conflict.
Treaty: A treaty is a formal agreement between two or more sovereign states that is legally binding under international law. Treaties can cover a wide range of subjects, including trade, peace, and environmental protection, and they often require ratification by the respective governing bodies of the parties involved. These agreements are a crucial source of law in the international legal system, influencing relations between nations and shaping global policies.