Anaya Nolan
The law of the United States is derived from five sources: constitutional law, statutory law, treaties, administrative regulations, and the common law (which includes case law). The US legal system is a common law system, which relies heavily on court precedent in formal adjudications. Pure decisional case law is a type of law that is not found in cases, as there is no applicable statute or constitutional provision that applies. This type of decisional law is referred to as judicially-created doctrine.
| Characteristics | Values |
|---|---|
| Type of Law | Pure decisional law |
| Application | No applicable statute or constitutional provision |
| Other Names | Judicially-created doctrine, case law, common law |
| Basis | Court precedent, fairness, policy |
| Sources | Constitutional law, statutory law, treaties, administrative regulations, common law |
| Primary Sources | Mandatory, persuasive |
| Secondary Sources | Not mandatory, used for guidance |
| Federal Preemption | Federal laws take precedence over state laws in matters of national character |
| Jurisdiction | Formal power of a court to exercise judicial authority |
| Court System | Supreme Court, 13 court of appeals, 94 district courts |
| State Law | Varies, but most states have court systems mirroring the federal court system |
| Title to Personal Property | Usually not registered, except for motor vehicles, bicycles, firearms |
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Pure decisional case law
The concept of pure decisional case law is rooted in the common law system, which forms the basis of American law alongside other sources such as constitutional law, statutory law, treaties, and administrative regulations. Common law, including case law, is a significant aspect of the American legal tradition, influencing both state and federal courts.
In the context of pure decisional case law, judges play a dual role as interpreters and creators of the law. Their decisions in specific cases establish precedents that guide future rulings, ensuring consistency and predictability in similar situations. This principle, known as "stare decisis," dictates that judges respect the precedent set by prior decisions, maintaining stability and uniformity in the law.
The process of creating pure decisional case law involves several steps. First, the court examines prior decisional law, including previous rulings and interpretations of constitutional or statutory provisions. These precedents provide a foundation for the court's analysis and help determine the applicable rules and principles. Next, the court considers policy implications and assesses the fairness of potential outcomes. By balancing precedent and fairness, the court crafts a decision that aligns with existing law while also adapting to evolving societal needs and values.
While pure decisional case law plays a vital role in shaping American law, it is not without its critics. Some scholars, like Jeremy Bentham, have argued for codification and narrow judicial decisions, expressing concerns about judicial overreach in law-making. On the other hand, supporters of judicial law-making, such as Oliver Wendell Holmes, contend that judges inherently legislate through their rulings. This ongoing dialogue reflects the dynamic nature of legal interpretation and the complex interplay between precedent and innovation in the American legal system.
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Common law
The common law system is based on the precedent set by previous judicial decisions. The presiding judge determines which precedents to apply when deciding on a new case. When a similar case has already 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 are empowered to resolve the issue and establish new precedent.
In the United States, the law is derived from five sources: constitutional law, statutory law, treaties, administrative regulations, and the common law (which includes case law). The American legal system is largely derived from the common law system of English law, which was in force at the time of the American Revolutionary War. All U.S. states except Louisiana have enacted "reception statutes" which generally state that the common law of England (particularly judge-made law) is the law of the state, unless it conflicts with domestic law or indigenous conditions.
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Statutory law
In the United States, statutory law is a form of law established by an act of the legislature that is signed by the executive. It is distinct from case law and unwritten law, or common law, in that it represents the expressed will of a legislative body. In the federal government, statutory law is enacted by the United States Congress and signed by the President of the United States, becoming federal law. These acts are designated as either Public Laws or Private Laws. Public laws relate to the general public, while private laws concern specific institutions or individuals. Most of the laws passed by Congress are public laws.
Once a bill is passed by Congress and signed by the President, it becomes a Public Law and is assigned a number based on the Congress and the date it was issued. For example, P.L. 101-5 would be the fifth law enacted in the 101st Congress. Public laws are initially published as slip laws before being compiled in the Statutes at Large, which is a chronological arrangement of the laws.
The United States Code is the official compilation and codification of general and permanent federal statutory law. It is a consolidation of federal laws by subject matter, broadly arranged by title, chapter, and section. Statutes are typically arranged by title, with each title potentially consisting of multiple volumes. For instance, Title 42 of the United States Code, concerning Public Health and Welfare, comprises over 35 printed volumes.
At the state level, statutory laws are passed by the state legislature and signed by the state governor. Each state has its own state statutes, which can be found in state codes. For instance, Washington State has the Revised Code of Washington, which compiles all permanent laws in force, including Session Laws enacted by the Legislature and signed by the Governor. Cities and counties also have their own codes, such as the King County Code and Seattle Municipal Code, which are passed by city or county councils.
In rare cases, the executive (President or governor) may refuse to sign a bill or reject it through a veto. However, the legislature can override this veto with a two-thirds majority vote.
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Federal preemption
In the United States, federal preemption occurs when a US state law that conflicts with federal law is invalidated. This is because the US Constitution, which is the supreme law of the nation, sets out the boundaries of federal law, including Acts of Congress, treaties, executive regulations, and case law originating from the federal judiciary. The Constitution and federal laws made pursuant to it take precedence over conflicting state and territorial laws.
The scope of federal preemption is limited, as the scope of federal power is not universal in the US's dual sovereign system of federalism. While the national or "federal" government possesses significant powers, individual states retain powers not specifically enumerated as exclusively federal. Each state has its own court system, and the jurisdiction of a case determines which courts' decisions will be binding precedents.
Implied preemption, on the other hand, occurs when Congress indicates an intent to occupy the entire field of regulation on a particular issue, or when state law conflicts with federal law, making it impossible to comply with both. The purpose of Congress is considered the ultimate touchstone in every pre-emption case. For example, in Altria Group v. Good, the Court wrote that when the text of a pre-emption clause is susceptible to more than one plausible reading, courts ordinarily accept the reading that disfavors pre-emption.
Another example of federal preemption can be found in bankruptcy cases, where state laws governing contracts and debt overlap with federal bankruptcy law. In such cases, federal bankruptcy law takes precedence when state law interferes with either the debtor's fresh start or a creditor's right to equal distribution. For instance, in Hawaii, a homeowner may not sue their homeowner's association (HOA) in state court unless all fees have been paid in full. However, this has been held to be preempted by federal bankruptcy law, allowing a homeowner to sue the HOA in bankruptcy court.
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Tort law
The boundaries of tort law are defined by a combination of common law and state statutory law, allowing judges to interpret statutes broadly. While tort law varies across states, many courts refer to the Restatement of Torts for guidance. The increasing costs of tort litigation in the United States have raised concerns about its effectiveness in providing relief to victims.
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Frequently asked questions
The Constitution is the supreme law in the United States. It prescribes the foundation of the federal government of the United States, as well as various civil liberties.
The law in the United States is derived from five sources: constitutional law, statutory law, treaties, administrative regulations, and common law (which includes case law).
Common law is a system that relies heavily on court precedent in formal adjudications. It is also known as "judge-made" law or case law. Common law was first developed in the 12th and 13th centuries and was influenced by tradition, custom, and precedent.
Primary sources of law may be mandatory or merely persuasive, depending on various factors. Secondary sources of law are not binding authority but can be used as guidance or a case-finding tool.
One example of tort law in the United States is the rule of strict liability for defective products. This rule originated from judicial glosses on the law of warranty and was established in the case of Greenman v. in 1963.
