Cecily Zamora
The sources of law vary across different countries and legal systems. In the United States, the primary sources of law include the US Constitution, federal and state statutes, common law, case law, and administrative law. The US Constitution, being the supreme law of the land, serves as the fundamental source that establishes the rules for the functioning of the government and outlines the fundamental rights and freedoms of individuals. Federal statutes, enacted by the US Congress, apply across all 50 states and cover various subjects such as bankruptcy, federal crimes, and taxes. State statutes, on the other hand, are enacted by state legislatures and apply only within their respective states, yielding to federal statutes in case of conflict. Case law, also known as judge-made law or common law, refers to the judicial interpretations of the Constitution, statutes, or other case law, creating precedents that guide future decisions. Administrative law, another source, comprises regulations created by administrative agencies within the executive branch. While the US legal system heavily relies on these sources, other countries may have different primary sources of law, such as civil law codes or a combination of common law and civil law, as seen in South Africa.
| Characteristics | Values |
|---|---|
| Primary sources of law | Constitutions, court cases, statutes, and administrative rules and regulations |
| Secondary sources of law | Legal dictionaries, encyclopaedias, law reviews and journals, legal treatises, nutshells, hornbooks, deskbooks, manuals and guides on how to practice law |
| Formal sources | Statutes, case law, contracts |
| Material sources | Official bulletins, gazettes, newspapers, public deeds |
| Sources of law in the United States | United States Constitution, state constitutions, federal and state statutes, common law, case law, and administrative law |
| Sources of law in Civil Law systems | Legal codes, such as civil code or criminal code, and custom |
| Sources of law in Common Law systems | Several sources, including common law |
| Sources of law in a hybrid legal system | Amalgam of common law, civil law, and tribal law |
| Sources of law in England and Wales | Equity, a type of case law |
Explore related products
Primary sources of law
The materials used for legal research are divided into primary and secondary sources. Primary sources of law are the actual laws that govern a territory. They include:
Constitutions
A constitution is a charter that establishes the rules for the functioning of a government and sets forth the fundamental freedoms and rights that each person enjoys. Constitutions define how governments are to be organised, the power and responsibilities of those governments, and can also serve to protect individual liberties. For example, the US Constitution is considered the "supreme law of the land" and everything within it is binding.
Statutes
Statutes are laws enacted by legislatures. They are created by lawmakers who introduce a bill in either the Senate or House of Representatives (or their equivalents at the state level). Federal statutes are passed during legislative sessions and are published in documents such as the United States Code, which is broken down into titles, each covering a different subject. An example of a federal statute is the Clean Air Act, which regulates air emissions from pollution sources.
Case Law
Also known as judge-made law or common law, case law refers to law that comes directly from court decisions. It includes Supreme Court and lower court decisions. Once a court renders a decision, its decision becomes a precedent that must be applied in subsequent similar cases. Case law is based on the doctrine of stare decisis, which means judges are compelled to follow rulings in previous cases.
Administrative Law
Administrative law refers to the regulations created by administrative agencies. These agencies are created by the legislature and are part of the executive branch. They are charged with the administration of government functions.
Who Can File for Divorce in Indiana?
You may want to see also
Explore related products
Secondary sources of law
Legal encyclopedias and digests are another type of secondary source. Examples include the Gale Encyclopedia of American Law and American Jurisprudence. These comprehensive resources provide overviews of legal topics, summarising key cases, statutes, and doctrines. They offer a broad understanding of the law and can be a starting point for further research.
Law reviews and journals, such as the Virginia Law Review and Yale Law Journal, are also secondary sources. These publications feature articles written by legal scholars, judges, and practitioners, offering insights, analysis, and commentary on specific areas of the law. They often delve into current legal issues, providing a platform for discussion and critique of the law.
Additionally, legal treatises, nutshells, hornbooks, and deskbooks are considered secondary sources. These publications focus on specific areas of the law, providing in-depth analysis and explanation. Examples include Criminal Law in a Nutshell and Principles of Employment Law. They are often used as study guides and reference materials by legal professionals and students.
Secondary sources also encompass manuals and guides on how to practice law, such as the Washington Practice and Washington Lawyers Practice Manual. These practical resources provide step-by-step guidance on legal procedures, offering insights into the practical application of the law and the day-to-day work of legal practitioners.
The Law, Masks, and Your Rights
You may want to see also
Explore related products
Common law
In a common law jurisdiction, several stages of research and analysis are required to determine "what the law is" in a given situation. First, one must ascertain the facts and locate any relevant statutes and cases. Then, one must extract the principles, analogies, and statements by various courts to predict how the next court is likely to rule on the facts of the present case. More recent decisions and those of higher courts or legislatures carry more weight than earlier cases and those of lower courts.
When Lawbreaking: Justification and its Complexities
You may want to see also
Explore related products
Equity
The history of equity can be traced back to the writings of Aristotle (epieikeia) and Roman law (aequitas). In England, before 1873, there were two court systems: the courts of "law" and the courts of "equity". The courts of "law" could only award monetary compensation and recognised only the legal owner of the property. On the other hand, the courts of "equity" could issue injunctive relief, recognise trusts of property, and provide remedies that were more flexible and adaptable to the specific circumstances of a case.
Retroactive Law: Can We Rewrite the Past?
You may want to see also
Explore related products
International law
The sources of international law include international custom (general state practice accepted as law), treaties, and general principles of law recognised by most national legal systems. Treaties are written agreements that states willingly sign and ratify, and therefore are obliged to follow. A particular treaty is only binding on those states that have signed and ratified it. Treaties are often the result of codifying existing customary law. The Vienna Convention of the Law of Treaties of 1969 sets out the fundamental legal rules relating to treaties, including their definition, who has the capacity to conclude them, and their interpretation.
Customary international law is of fundamental importance, especially since treaty law offers only limited protection and key treaties are not universally ratified. Customary international law is not codified in a clear and accessible format, and the rules are generally less specific than those written down in a treaty. For a rule to be considered customary international law, there must be widespread and consistent state practice, and a legal obligation to believe in the existence of such law. The International Committee of the Red Cross (ICRC) identified 161 rules considered to be customary international law.
General principles of law recognised by most national legal systems are also a source of international law. This may include legal principles that are common to a large number of systems of municipal law. The scope of these general principles is unclear and controversial.
Other sources of international law include the teachings of highly qualified writers such as Gentili, Grotius, and Vattel, who were considered the supreme authorities of international law in the 16th to 18th centuries. Textbooks and writings by respected international lawyers are considered evidentiary sources of law as they provide an explanation and understanding of the international principles.
Who Can Sponsor Whom? I-864A and Family Immigration
You may want to see also
Frequently asked questions
Sources of law are the origins of laws, or the binding rules that enable any state to govern its territory. They are divided into two broad categories: primary sources and secondary sources.
Primary sources are the actual laws, including constitutions, court cases, statutes, and administrative rules and regulations.
Secondary sources are not the law itself, but they discuss, analyse, describe, explain, or critique it. They are used to help locate primary sources of law, define legal terminology, or aid in legal research.
Examples of primary sources of law include:
- The United States Constitution
- Federal and state statutes
- Common law
- Case law
- Administrative law
Examples of secondary sources of law include:
- Legal dictionaries
- Legal encyclopaedias and digests
- Law reviews and journals
- Legal treatises
- Manuals and guides on how to practice law
