Gavin Howe
The law of the United States is derived from multiple sources, including constitutional law, statutory law, treaties, administrative regulations, and common law (which includes case law). The US legal system is a common law system, which means it relies heavily on court precedent in formal adjudications. Court interpretation often relies on prior decisional law interpreting similar statutes, and the opinions of higher-level courts set a precedent for similar cases in the future. The US legal system is also based on federalism, or decentralization, with the federal government and individual states retaining different powers. The US Constitution is the supreme law of the nation and prescribes the foundation of the federal government, as well as various civil liberties. It sets out the boundaries of federal law, which includes Acts of Congress, treaties ratified by the Senate, regulations promulgated by the executive branch, and case law originating from the federal judiciary.
| Characteristics | Values |
|---|---|
| Type of Law | Common law, constitutional law, statutory law, administrative regulations, treaties |
| Basis | Precedent, codes, rules of decision |
| Sources | Primary and secondary |
| Jurisdiction | Federal and state |
| Federalism | Decentralized |
| Court System | Supreme Court, 13 court of appeals, 94 district courts |
| Court Decisions | Binding precedents |
| Court Opinions | Contribute legal rules |
| Court Cases | Pure decisional case law, precedent, policy, fairness |
| Court Hierarchy | Higher-level court opinions abrogate lower-level court opinions |
| Court Treatment | Followed, reversed, distinguished, applied |
| Court Equality | Hear grievances voiced by minority groups |
| Court Interpretation | Based on prior decisional law |
| Court Research | Primary and secondary sources |
| Court Procedure | Stare decisis |
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What You'll Learn
The US Constitution and federal laws
The US Constitution is the supreme law of the United States, which prescribes the foundation of the federal government and various civil liberties. It sets out the boundaries of federal law, which includes Acts of Congress, treaties ratified by the Senate, regulations from the executive branch, and case law from the federal judiciary. Each of the fifty American states has its own constitution, government, and courts, with the power to make laws on matters not covered by federal law.
The US legal system is a "common law" system, which means it heavily relies on court precedent in formal adjudications. Even when a statute is at issue, previous judicial determinations are critical to the court's resolution. This common law may refer to "judge-made" law, or case law. Cases are legal determinations based on particular facts and involving parties with a genuine interest in the controversy.
The federal court system is based on a system of "jurisdictions", with the geographic distribution of courts at different levels. The jurisdiction in which a case arose determines which court's decisions will be binding precedents. For instance, the US Supreme Court is the only court at its level, but the court of appeals is divided into 13 circuits, and there are 94 district courts.
The sources of US law can be broken down into primary and secondary sources. Primary sources may be mandatory on a particular court, or merely persuasive, depending on various factors. Secondary sources are not law themselves, but courts may use them for guidance on resolving issues.
The US legal system is also based on federalism, or decentralisation. While the national government has significant powers, individual states retain powers not specifically enumerated as exclusively federal. This includes the power to make laws, which are enacted by each state's legislative branch.
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Common law and case law
The American legal system is a ""common law" system, which means it relies heavily on court precedent in formal adjudications. In this common law system, even when a statute is at issue, judicial determinations in earlier court cases are critical to the court's resolution of the matter at hand. Common law may refer to "judge-made" law, also known as case law. Cases are legal determinations based on a set of particular facts involving parties with a genuine interest in the controversy.
Case law, or judge-made law, is one of the five sources of law in the United States, the others being constitutional law, statutory law, treaties, and administrative regulations. The law of the United States comprises many levels of codified and uncodified forms, of which the supreme law is the nation's Constitution. The Constitution sets out the boundaries of federal law, which includes Acts of Congress, treaties ratified by the Senate, regulations promulgated by the executive branch, and case law originating from the federal judiciary.
The American legal system is based on federalism, or decentralization. While the national or "federal" government has significant powers, the individual states retain powers not specifically enumerated as exclusively federal. All fifty American states have their own state constitutions, state governments, and state courts, and most states have court systems that mirror the federal court system.
At both the federal and state levels, with the exception of Louisiana, the law of the United States is largely derived from the common law system of English law, which was in force at the time of the American Revolutionary War. However, American law has since diverged greatly from its English ancestor in terms of both substance and procedure and has incorporated several civil law innovations.
In the common law system, judges not only apply the law but also make the law to the extent that their decisions become precedents for future cases. This principle of stare decisis, inherited from common law courts, means that court interpretation may rely on prior decisional law interpreting similar statutes. A higher-level court's opinion will effectively abrogate the lower-level court's opinion in the same case, and this will indicate how the same and other courts interpret the initial case.
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State laws and constitutions
The United States comprises fifty states, each with its own state constitution, government, and court system. Each state has a legislative branch that enacts state statutes, an executive branch that promulgates state regulations, and a judicial branch that applies, interprets, and occasionally overturns state statutes and regulations, as well as local ordinances.
State constitutions are typically modelled after the federal Constitution, outlining the structure of the state government and establishing a bill of rights, an executive branch, a legislature, and state courts. They also provide a general framework for each branch's functions. State constitutions are longer and more detailed than the federal Constitution, addressing a wide range of issues deemed important by the states. They are also amended more frequently.
State supreme courts are typically the final interpreters of state constitutions and laws. However, if a federal issue is involved, a decision may be appealed to the U.S. Supreme Court. State laws that are found to be unconstitutional are void, as they conflict with the federal Constitution, a federal statute, or a treaty.
The commonwealths of Puerto Rico and the Northern Mariana Islands do not have organic acts but operate under their own constitutions. The relationship between Puerto Rico and the United States is controlled by the United States Constitution and the Constitution of Puerto Rico. The Northern Mariana Islands' relationship with the United States is governed by the 1976 Covenant to Establish a Commonwealth of the Northern Mariana Islands and its local constitution.
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Precedent and judicial opinions
The law of the United States comprises many levels of codified and uncodified forms, with the supreme law being the nation's Constitution. The law is derived from five sources: constitutional law, statutory law, treaties, administrative regulations, and the common law (which includes case law).
The American system is a "common law" system, which relies heavily on court precedent in formal adjudications. Even when a statute is at issue, judicial determinations in earlier court cases are critical to the court’s resolution of the matter before it. Common law may refer to “judge-made” law, or case law. Cases are legal determinations based on a set of particular facts involving parties with a genuine interest in the controversy.
The common law evolves through a series of gradual steps, with precedents maintained over time through court records and historically documented in collections of case law referred to as yearbooks and law reports. Precedent and judicial opinions contribute legal rules to the various bodies of American law, both through statutory interpretation and common law.
The fifty American states are separate sovereigns, with their own constitutions, governments, and courts. Each state court system comprises its own “jurisdiction,” and the jurisdiction in which a case arose will determine which courts’ decisions will be binding precedents.
The federal court system is also based on a system of “jurisdictions,” the geographic distribution of courts of particular levels. For example, there is only one Supreme Court, but the court of appeals is divided into 13 circuits, and there are 94 district courts.
In the United States, the Uniform Commercial Code (UCC) is an example of a codified framework governing various aspects of commercial law. The UCC has been enacted, with some local variations, in all 50 states, the District of Columbia, Puerto Rico, and the Virgin Islands.
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The role of judges and lawyers
The American legal system is a common law system, which means it relies heavily on court precedent in formal adjudications. In this system, judges not only apply the law but also make the law. Their decisions in the cases before them become precedent for decisions in future cases. This is known as stare decisis, a Latin phrase meaning "let the decision stand".
American judges, like common law judges elsewhere, draw on established judicial authority to formulate their positions. They are bound by past decisions made by higher courts in their jurisdiction. However, if a judge feels that a precedent is unjust, they may express the hope that a higher court or the legislature will reform the rule. Judges may also recommend an appeal if they believe that developments or trends in legal reasoning render the precedent unhelpful.
The role of lawyers in the American legal system is to represent their clients' interests and provide legal advice. They may also engage in activities such as legal research, drafting legal documents, and negotiating on behalf of their clients. Lawyers may also argue in court and present cases before judges, which can contribute to the creation of case law.
Lawyers and judges work together to ensure the fair and effective administration of justice. They are both officers of the court and are expected to act ethically and in the interests of justice. In the American adversarial legal system, lawyers play a crucial role in presenting arguments and evidence to the court, which judges then weigh and evaluate to make a decision. This back-and-forth between lawyers and judges helps to shape the interpretation and application of the law.
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Frequently asked questions
The law of the United States is derived from five primary sources: constitutional law, statutory law, treaties, administrative regulations, and common law (which includes case law).
Common law is a system of law that relies heavily on court precedent in formal adjudications. It may also refer to "judge-made" law, where judicial determinations in earlier court cases guide the resolution of future cases.
Case law, as a part of common law, plays an integral role in the development of American law. Judicial opinions contribute legal rules to various bodies of American law through statutory interpretation and common law. Court precedents are maintained through court records, yearbooks, and law reports.
The federal court system in the US is based on a system of "jurisdictions." There is one Supreme Court, 13 circuit courts of appeals, and 94 district courts. Each state also has its own court system with its own jurisdiction. The jurisdiction determines which court's decisions will be binding precedents.
The US Constitution provides that federal laws and treaties made pursuant to it preempt conflicting state and territorial laws. State supreme courts are typically the final interpreters of state constitutions and state law, but if a federal issue arises, a decision can be appealed to the US Supreme Court.
