Kara Sears
Law is a set of rules created and enforced by social or governmental institutions to regulate behaviour. There are several types of laws, including common law, statutory law, regulatory law, civil law, customary law, religious law, and hybrid systems. These laws are created by different bodies and vary across jurisdictions. Common law, also known as case law, is created by judicial bodies and often involves an adversarial process. Statutory law is created by legislative bodies and results in statutes or codes. Regulatory law is related to administrative bodies and involves the creation of regulations. Civil law systems have more detailed legislative statutes and shorter judicial decisions, while common law systems emphasise binding precedents. Federal laws in the US are based on the Constitution and cover specific areas like interstate commerce. State laws in the US cover a range of issues, including criminal procedure, drug crimes, and domestic relations. Other fields of law include international law, intellectual property law, environmental law, tax law, and real estate law.
| Characteristics | Values |
|---|---|
| Types of laws | Common law, statutory law, regulatory law, civil law, customary law, religious law, hybrid or mixed systems, international law, intellectual property law, environmental and natural resources law, real estate law, tax law, military law, personal injury law |
| Bodies that create laws | Common law is created by a judicial body, such as a Court of Appeals or Supreme Court; statutory law is created by a legislative body, such as Congress or a State General Assembly; regulatory law is related to and enforced by an administrative body |
| Legal systems | Common law, civil law, customary law, religious law, hybrid or mixed systems |
| Legal issues | Civil rights, immigration, interstate commerce, constitutional issues, domestic relations, marriage and divorce, corporations, property, contracts, criminal law |
| Law creation influences | Constitutions, rights encoded in constitutions, social norms, international norms, economic factors |
| Law enforcement | Social or governmental institutions, judges, legislatures, executives, autocrats |
| Law variation | State laws vary from state to state, legal systems vary between jurisdictions |
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What You'll Learn
Common law
Although common law may incorporate certain statutes, it is largely based on precedent, or rulings made in previous similar cases. The presiding judge determines which precedents to apply when deciding a new case. When a similar case has been resolved, courts typically align their reasoning with the precedent set in that decision. However, in a ""case of first impression" with no precedent or clear legislative guidance, judges can resolve the issue and establish new precedent.
In practice, common law systems are quite complex. The decisions of a court are binding only in a particular jurisdiction, and even within a given jurisdiction, some courts have more power than others. For example, in most jurisdictions, decisions by appellate courts are binding on lower courts in the same jurisdiction, and on future decisions of the same appellate court, but decisions of lower courts are only non-binding persuasive authority.
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Statutory law
The process of creating statutory laws involves a bill being presented to the legislature for a vote. If the bill is approved, it goes to the executive branch (the governor in state cases or the president at the federal level) for signature. The executive can either sign the bill, in which case it becomes a statute, or veto it, sending it back to the legislature. In certain cases, if the bill passes with a specific margin, it becomes a statute even without the executive's signature.
In the United States, statutory laws enacted by Congress take precedence over conflicting laws passed by state legislatures due to the Supremacy Clause of the Constitution. Federal laws must be passed by both houses of Congress and typically require the approval of the President before they come into effect. However, in rare cases, a federal law may not override existing state laws, as seen in the example of states with exemptions from a federal law prohibiting sports gambling.
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Regulatory law
The evolution of economics, science, and technology has influenced the development of regulatory law. As the services provided by governments expand, so does the need for regulation. For example, during the FDR era and the New Deal, administrative laws were passed to regulate the many services provided by government agencies to Americans. Regulatory law ensures that federal agencies do not overstep their bounds and take action that falls under the legislative branch's purview.
The Supreme Court plays a role in reviewing actions related to regulatory law, determining whether the rules, regulations, or policies set by agencies exceed their mandate and require ratification by Congress. This process, known as the "Chevron doctrine," involves a two-step test for judicial review of an agency's interpretation of a statute. It has been contested by conservative jurists who argue that it grants excessive power to administrative agencies.
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Civil law
Common areas of civil law include family law, contracts, torts, and trusts. In the context of contracts, civil law jurisdictions have a more interventionist role for the state in both the formation and enforcement of contracts. Compared to common law jurisdictions, civil law systems incorporate more mandatory terms into contracts and allow greater flexibility for courts to interpret and revise contract terms. Civil law systems also impose a stronger duty of good faith and do not require consideration for a contract to be binding.
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Criminal law
Felonies are the most severe category of criminal offences, typically carrying a prison sentence of more than one year. Examples of felonies include murder, grand larceny, rape, treason, kidnapping, terrorism, and armed robbery. Misdemeanours, on the other hand, are less severe but more significant than minor infractions. Penalties for misdemeanours may include fines, probation, community service, and incarceration for up to one year. Examples of misdemeanour offences include physical attacks resulting in minor injuries, stealing property or goods of low value, and operating a vehicle while impaired by substances, posing a risk to public safety. Minor crimes, such as speeding or running a red light, are usually penalized with monetary fines.
The criminal justice system in the United States includes law enforcement officials, lawyers, judges, juries, probation officers, and prison officials. This system aims to catch and punish criminals, while also providing restitution to victims, which falls under the purview of civil law.
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Frequently asked questions
There are five basic types of legal systems in the world: civil law, common law, customary law, religious law, and hybrid or mixed systems.
Common law refers to judge-made laws that fill in the gaps when there is no written law. Common law originated in England and has been inherited by almost every country once tied to the British Empire.
Civil law resolves non-criminal disputes between members of a community, including individuals and/or organizations. Civil law covers a broad range of issues and may overlap with other types of law, such as family law and business law.
There are several types of law that lawyers may practice in, including:
- Business and Corporate Law
- Criminal Law
- Employment Law
- Family Law
- Real Estate Law
- Bankruptcy Law
