Gavin Howe
Law is a diverse field with many specializations and areas of focus. The four 'main types of law' are constitutional, statutory, administrative, and common law. Lawyers can specialize in a wide range of areas, including corporate law, criminal law, environmental law, family law, immigration law, international law, sports law, and tax law. The legal system also encompasses various levels of government, including municipal, state, and federal jurisdictions. Lawyers may work in private firms or for the government at these different levels, and law degrees can vary, from Juris Doctor (JD) degrees to Master of Laws (LLM) and Master of Dispute Resolution (MDR) degrees.
| Characteristics | Values |
|---|---|
| Types of Law Degrees | JD, MLS, MDR, LLB, LLM, SJD |
| Law Specializations | Constitutional, Statutory, Administrative, Common, Securities, Sports, Entertainment, Tax, Corporate, Criminal, Education, International, Municipal, Employment and Labor, Environmental and Natural Resources, Family and Juvenile |
| Law Jobs | Lawyer, Judge, Prosecutor, Defense Attorney |
| Law School Subjects | Contracts, Regulatory Compliance, Negotiation Theory, Administrative Law |
| Law School Majors | English, Political Science, Psychology, Humanities, Social Sciences |
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What You'll Learn
Constitutional, statutory, administrative, and common law
There are indeed different levels and types of law. The four 'main types of law' are constitutional, statutory, administrative, and common law.
Constitutional law is the foundation of a country's legal system and outlines the role and structure of the government. It establishes the rights and duties of citizens and serves as a framework for the creation of other laws. In the US, for example, the Constitution guarantees the right to an attorney for those who cannot afford one, as interpreted by the Supreme Court in the case of Miranda v. Arizona.
Statutory law refers to the written laws created by the legislative body, such as Congress in the US. These laws are also known as statutes and are passed by legislators and signed into law by the president or executive. An example is tax law, which deals with the regulations set by the federal Internal Revenue Code.
Administrative law involves the rules and regulations made by government agencies. These agencies are created by Congress to supervise specific industries and enforce relevant laws. Legislative rules are the most important type of administrative rule and directly impact how businesses and citizens must act. An example of an administrative agency is the Environmental Protection Agency (EPA), which is in charge of environmental protection and regulation.
Common law, also known as case law or precedent, is created by judges in a court of law. It evolves over time as judges decide cases based on previous rulings, attempting to achieve both predictability and flexibility. An example of common law is the Bystander Rule, which states that there is generally no duty to assist someone in danger unless the bystander created the perilous situation.
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Federal, state, and municipal law
There are indeed different levels of law, and these are determined by the various governing bodies that exist within a country. In the United States, for example, there is a shared governance system with a combination of federal, state, and municipal laws.
Federal law refers to the laws that apply across the entire country and are enacted by the national government. These laws are universal and provide a standard set of rules that govern the country as a whole. An example of federal law is the Internal Revenue Code, which forms the basis of tax law.
State law, as the name suggests, pertains to individual states within a country. Each state has its own set of laws that address issues specific to that state. State laws typically focus on domestic affairs and matters not explicitly delegated to the federal government. For instance, family law, which deals with relational problems within a family context, falls under state jurisdiction. While state laws are subject to federal laws and the Constitution, states possess a significant degree of autonomy in creating and enforcing their own legal framework.
Municipal law, on the other hand, is specific to a particular city, county, or town, also known as a "municipality." These laws are enacted by the local government bodies within these municipalities. Municipal law covers a broad range of topics, including police power, zoning, education policies, and property taxes. For instance, local zoning ordinances dictate land use and address public safety concerns for both businesses and residential areas. It's important to note that in cases of conflict between state and municipal laws, state laws usually take precedence over municipal ordinances.
The interplay between federal, state, and municipal laws is complex and often involves a balance of power. While federal law generally supersedes state law, as outlined in the Supremacy Clause of the U.S. Constitution, there are limits to this power. States retain the authority to create and enforce their own laws as long as they do not contravene the Constitution. Similarly, municipal laws function within the broader framework of state and federal laws, with state laws taking priority in cases of conflict. This system of shared governance ensures that power is distributed across different levels of government, allowing for a more responsive and adaptable legal system.
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Criminal law and civil rights law
There are many different types of law, including constitutional, statutory, administrative, and common law. Criminal law and civil rights law are two such types of law that are distinct from each other.
Criminal law focuses on fundamental issues of law and personal liberties. There are two main types of criminal law lawyers: criminal defence lawyers and prosecutors or district attorneys. Criminal defence lawyers represent clients accused of crimes, while prosecutors and district attorneys represent the interests of the state in prosecuting those accused of crimes. Criminal law deals with basic rights that are considered crucial to the preservation of a free and just society.
Civil rights law, on the other hand, deals with the enforcement of laws that protect the liberties and rights defined in the Constitution or federal law. This includes investigating and prosecuting cases involving law enforcement misconduct, such as excessive force and sexual misconduct, as well as hate crimes. Civil rights law can also intersect with immigration law, raising questions about due process and the honouring of constitutional rights for legal and undocumented immigrants.
In the United States, the Civil Rights Division's Criminal Section is responsible for prosecuting criminal violations of civil rights. This section was established in the post-Civil War Reconstruction Era and moved to the Civil Rights Division in 1957. The Criminal Section works with federal, state, and local investigators and prosecutors to ensure that cases are handled appropriately, whether at the federal, state, or local level.
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Corporate law and immigration law
Law is a diverse field with numerous specializations, including corporate law and immigration law. These two areas of law differ significantly in their focus and scope.
Corporate law, also known as company law or enterprise law, deals with the legal rights, relations, and conduct of businesses, companies, organizations, and enterprises. It covers various aspects of a corporation's life cycle, from formation and funding to governance and dissolution. Corporate lawyers advise businesses on legal rights, responsibilities, and obligations. They handle transactions, negotiate and draft contracts, and provide counsel on labour and employment issues, intellectual property, and liability. Corporate law also encompasses securities law, which focuses on the formation, organization, and financing of corporations, and business organizations, such as partnerships, limited liability companies (LLCs), and cooperatives.
Immigration law, on the other hand, focuses on the legal aspects of cross-border movement for business, tourism, and permanent residence. Lawyers in this field may assist immigrants and asylum seekers with legal proceedings, deportation issues, and visa processes. Immigration law intersects with civil rights law when addressing due process and constitutional rights for immigrants. Additionally, immigration law is influenced by international law, which examines the relationships between nations and the implications for cross-border movement. Immigration lawyers may also specialize in helping corporations bring in skilled immigrant workers legally.
The National Immigration Law Center (NILC) in the United States is an example of an organization dedicated to immigration law and policy advocacy. They work towards building an immigration system that upholds human dignity and providing pathways to citizenship for immigrant youth.
Both corporate and immigration law are dynamic fields that continuously evolve to adapt to changing economic, social, and political landscapes. They play a crucial role in shaping business operations and cross-border interactions, respectively.
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Environmental law and family law
There are many different types of law, including constitutional, statutory, administrative, and common law. These four categories represent the 'main types of law', and within them, there are numerous fields of law that lawyers can choose to specialise in.
Environmental law is a field of law that focuses on the legal and regulatory issues relating to natural resources. Environmental lawyers may work directly for governmental agencies, public interest groups, or organisations concerned about protecting the environment. It is a broad area of law that operates from the local to the global level, involving a range of different legal and regulatory techniques. Environmental law encompasses treaties, statutes, regulations, conventions, and policies designed to protect the natural environment and manage the impact of human activities on ecosystems and natural resources. It addresses issues such as pollution control, resource conservation, biodiversity protection, climate change mitigation, and sustainable development.
Environmental law is inherently controversial, and it is often simplistically characterised as a simple solution to environmental problems. However, in reality, it is a complex and conflict-ridden area of law that involves legislators, courts, regulators, and communities. It intersects with human rights, international trade, and energy policy, and it seeks to balance environmental preservation with economic and social needs.
Family law, on the other hand, deals with relational problems that arise in a familial context. Lawyers in this field may be involved in cases deciding whether a developer or agricultural business may have access to certain land or natural resources. Family law also includes small firms or solo practitioners who address issues such as divorce, child custody, and adoption.
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Frequently asked questions
The four main types of law are constitutional, statutory, administrative, and common law.
There are many specialisations within the field of law, including corporate law, criminal law, securities law, sports law, entertainment law, tax law, employment and labour law, environmental and natural resources law, family and juvenile law, immigration law, and international law.
In England and Wales, criminal cases start in the Magistrates' Court, while civil cases usually start in the County Court. Appeals in criminal cases go to the Crown Court and then the Court of Appeal Criminal Division, and potentially the UK Supreme Court. Appeals in civil cases go to the High Court and then the Court of Appeal.
There are several types of law degrees, including the Juris Doctor (JD), Master of Laws (LLM), Master of Legal Studies (MLS), Master of Dispute Resolution (MDR), and Doctor of Juridical Science (SJD). The JD is a professional degree required to become a practicing attorney, while the LLM is a graduate-level academic degree for those who want to build expertise in a specific area of law. The MLS and MDR are non-JD law degrees that provide legal skills useful in various fields, while the SJD is the most advanced law degree and is common for law professors.
Lawyers can work in private firms or for the government. Prosecutors work for the government at the state and federal levels, while defence attorneys can work in private firms or for the government.
