Kara Sears
There are four main types of law: constitutional, statutory, administrative, and case (common) law. Constitutional law pertains to the interpretation, adherence, and amending of the U.S. Constitution, with lawyers in this branch interpreting clients, discussing cases, and litigating in court. Statutory law can be found in two types of publications: compilations of statutes or codified laws, with the same wording but different formats. Administrative law refers to regulations passed by federal and state agencies, which can be found in publications like the Code of Federal Regulations and the Federal Register. Lastly, case law or common law refers to legal precedents set by previous court decisions, which can be found in reporters like the US Reports or the Supreme Court Reporter.
| Characteristics | Values |
|---|---|
| Types | Constitutional, statutory, administrative, and case (common) law |
| Sources | The Constitution of the United States, federal and state statutes, administrative codes and registers |
| Jurisdictions | Federal and state; civil rights, immigration, interstate commerce, and constitutional issues are federal, while domestic relations, criminal law, and others are state-governed |
| Interpretation | State supreme courts interpret state laws, unless it presents a federal issue, in which case it can be appealed to the U.S. Supreme Court |
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What You'll Learn
- Statutory law is published in two forms: compilations of statutes or codified laws
- Common law is found in reporters, with the reporter series depending on the trial location
- Civil law deals with non-criminal disputes between private parties and organisations
- Constitutional law involves interpreting, adhering to, and amending the US Constitution
- Administrative law is created by federal and state agencies, with regulations published online and in print
Statutory law is published in two forms: compilations of statutes or codified laws
There are four main types of law: constitutional, statutory, administrative, and case (common) law. This answer will focus on statutory law, which is published in two forms: compilations of statutes or codified laws.
Statutory law, also known as legislation or statutory instrument, is written law passed by a body of legislature. In the United States, both state and federal statutes are available in print and online. Federal statutes can be found in the Statutes at Large, arranged chronologically according to the date of passage. They can also be found in the United States Code, which is organised by subject matter.
Compilations of statutes refer to the former method of publishing laws chronologically, in the order they were passed. This is done without regard to their subject matter or the body of law they fall under. Each law is given a number indicating the chronological order of its passage. For example, "Pub. L. 88-352" indicates the 352nd law passed by the 88th Congress.
Codified laws, on the other hand, are published according to their subject matter. After a law is passed, it is codified and published under its relevant category. For instance, Public Law 88-352 can also be found in the United States Code under the citation "42 U.S.C. § 2000e et seq.". While most laws are codified, some are not. If one is searching for a statutory law on a general subject, it is best to refer to the code.
The format of compilations and codes differs, but they contain identical wording. Codes usually have a multi-volume index that includes the codified laws, published with amendments integrated into the original law, reflecting the current state of the law.
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Common law is found in reporters, with the reporter series depending on the trial location
Common law, also known as case law, is found in reporters or case reporters. These are published in chronological order in print in volumes. They are also available online. The reporter series depends on the location of the trial. For instance, cases heard in Wisconsin will be found in either the North Western Reporter or the Wisconsin Reporter. Cases heard in the US Supreme Court will be found in the US Reports or the Supreme Court Reporter. At the federal level, reporters may include trial or appellate-level cases. Federal district court cases are sometimes published in the Federal Supplement. Decisions issued by federal circuit courts of appeals are published in the Federal Reporter.
Case reporters can be official or unofficial. Official reporters are government-approved publications that reproduce the reported cases within a given jurisdiction. Unofficial reporters also reproduce the reported cases within a given jurisdiction, but they are not government-approved. The text of the cases within the reporters is considered primary sources, except for any editorial additions in unofficial reporters such as headnotes.
Headnotes are short summaries of different aspects or issues of a case. They are found before the actual text of the decision begins. They are not part of the decision but are provided by the legal research service. They identify the rules of law in the decision and act as a "Table of Contents" to the case.
Case citations are the easiest way to retrieve a case. They are structured by volume number, reporter abbreviation, and the first page of the case.
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Civil law deals with non-criminal disputes between private parties and organisations
Civil law is a broad term for all non-criminal law, typically concerning disputes over money or property between private citizens or organisations. It deals with individual rights or interests that have been violated by another individual or organisation, warranting a case filing. Civil law is broken down into four fields, which often intersect depending on the case: contract law, property law, family law, and constitutional law.
Contract law enforces and interprets agreements between people, businesses, or groups related to the exchange of money, services, goods, or property. Property law governs the different forms of ownership regarding personal and real property. Family law involves issues related to family relationships, including child custody, divorce, adoption, paternity, emancipation, and more.
Civil law covers a range of issues and disputes between individuals or organisations. Some examples include unpaid debts, fines, discrimination, damages, negligence, divorce, property, and child custody disputes between parents. Civil law cases are heard in tribunals or courts, where an independent judicial officer presides to hear evidence from both sides before making a determination.
Civil law is about the relationship between participants in society, so civil cases are disputes between participants about their interactions with each other. A person or organisation that believes another person or organisation has acted in breach of civil law in their dealings can bring a civil claim to court, often referred to as 'suing for damages'. For example, a person may sue for damages in the case of a personal injury.
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Constitutional law involves interpreting, adhering to, and amending the US Constitution
The four main types of law are constitutional, statutory, administrative, and case (common) law. Constitutional law is a type of law that involves interpreting, adhering to, and amending the US Constitution.
The US Constitution is the nation's fundamental law, and it is the highest authority, meaning all laws must conform to it. The Constitution is made up of an introductory paragraph, a list of seven Articles that define the government's framework, an untitled closing endorsement with the signatures of 39 framers, and 27 amendments that have been adopted under Article V. The first three articles embody the doctrine of the separation of powers, dividing the federal government into three branches: the legislative, consisting of the bicameral Congress (Article I); the executive, consisting of the president and subordinate officers (Article II); and the judicial, consisting of the Supreme Court and other federal courts (Article III).
The Supreme Court interprets the Constitution and adjudicates cases involving constitutional issues. It has the authority to review laws and executive actions for their constitutionality, establishing legal precedents. Its decisions can affirm, alter, or strike down laws, ensuring a check on the legislative and executive branches.
The process of amending the Constitution involves two main steps: proposal and ratification. A proposal can be made through a Congressional Proposal, where a two-thirds majority in both the House of Representatives and the Senate must vote in favor. Alternatively, two-thirds of state legislatures can call for a constitutional convention to propose amendments. For an amendment to be ratified, three-fourths of the states must approve through their state legislatures or special state conventions. This rigorous process ensures that amendments reflect a significant national consensus before altering the foundational legal framework of the country.
Constitutional law is a vital area of law as it shapes the legal framework for government and individual rights. It covers key principles such as the separation of powers, checks and balances, and judicial review, ensuring that no branch of government exceeds its authority. Understanding constitutional law is essential for comprehending how laws are made, enforced, and challenged within American society.
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Administrative law is created by federal and state agencies, with regulations published online and in print
Administrative law is one of the four main types of law, alongside constitutional, statutory, and case (common) law. It refers to the regulations and rules passed by federal and state agencies, which are published and made accessible to the public in both online and print formats.
Federal regulations can be found in the Code of Federal Regulations, which is updated annually. For proposals from federal agencies, one can refer to the Federal Register, published daily. Each state may have its own publications as well. For instance, Wisconsin has the Wisconsin Administrative Code and the Administrative Register.
These laws are created by the appropriate bodies within the different jurisdictional units, which include federal and state agencies. While some legal issues are predominantly handled at the federal level, such as civil rights and constitutional matters, other issues are typically governed by state laws. These include domestic relations, marriage and divorce laws, property laws, and criminal laws.
The average American citizen is subject to the rules and regulations of several dozen agencies at the federal, state, and local levels, depending on their location and behaviour. This multi-layered legal system ensures that citizens' rights and duties are protected and enforced across various aspects of their lives.
The accessibility of administrative law through online and print publications ensures transparency and allows citizens, legal professionals, and scholars to stay informed about the regulations set forth by federal and state agencies. It is important to note that administrative law is dynamic and subject to change, reflecting the evolving nature of governance and the needs of society.
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Frequently asked questions
The 4 main types of laws are constitutional, statutory, administrative, and case law (also known as common law).
Constitutional law involves the interpretation, adherence, and amending of a country's constitution. In the US, this includes the Constitution of the United States and state constitutions.
Statutory law refers to written laws created by legislative bodies, such as federal and state statutes in the US. These laws are compiled and published in chronological order or by subject matter.
Administrative law includes the regulations and rules created by federal and state agencies. In the US, federal regulations can be found in the Code of Federal Regulations, while state agencies have their own publications, such as the Wisconsin Administrative Code.
Case law, also known as common law, refers to the decisions made by judges in previous court cases. These decisions set precedents that guide how similar future cases are handled. Case law can be found in reporters, which are publications that document court cases.
While these types of laws may function independently, they are often interdependent. For example, constitutional law establishes the framework for statutory and administrative laws, while case law interprets and applies these laws to specific situations.
