5 sources of law:

1.       constitutions—STATE and federal,  supreme law, the authority for entire legal and political system, specifies the powers of the government

 

2.      statutory law—created by elected officials, written down as codes, referred to as statutes.  Typically affect large groups of people, able to anticipate conflicts.

 

3.     administrative law (regulations)—agency created by Congress, law that establishes agency defines its powers.  Mostly technical regulation, independent experts, FCC, FTC, FAA

4.      common law—“judge-made” law, based on custom and tradition, legal rules develop out of cases, very fact-specific.  Not written down anywhere, can be different for each state.  Restatement of Torts summarizes common law but is not binding. 

5.      law of equity—cases that don’t fit under common law.  No jury, just judicial decrees, less reliance on precedent; restraining orders and injunctions.
 

Legislative branch: passes laws

Executive branch: enforces laws

Judicial branch: interprets laws

 

Evolution of a law:

 

Industry group proposes new lawà member of Congress sponsors (introduces) bill à bill refereed to Committee/Subcommittee à hearings on bill, change language, find compromise à bill may or may not make it out of committee, may also go through more than one committee à voted on by House or Senate (same process in both chambers).  If House and Senate versions are different, joint committee works out differences and each chamber votes on new version à signed by President, becomes law.

Laws passed by Congress (statutes) are published in the U.S. Code

 

Judicial branch interprets laws:

 

Courts rely on precedent, statutory language, and legislative history to interpret laws

All courts have power to say the law or regulation is unconstitutional

 

Trial courts:

1. decide facts  
2. apply the law

 

Appellate courts:  

1. did the trial court apply the law correctly  
2. did the trial court follow proper procedure

 

Supreme Court does NOT have to hear an appeal—only accepts a few cases

 

In case of agency regulation: court also decides:  

1. did agency overstep its authority
2. was decision arbitrary and capricious

 

Court decisions:

Affirm

Reverse

Remand

 

Use of precedent:

Accept

Overrule

Modify

Distinguish

 

Majority and dissenting opinions—the opinion of the court explains the court’s decision.  It is considered a majority opinion when the majority of the judges on the panel agree with it.  Only a majority opinion creates binding precedent for future cases.  Often, one or more judges will write a separate opinion (either agreeing or disagreeing with the court’s verdict).  Future courts will often use these opinions for guidance in future cases (but they do not have to).

 

Court opinions are published in “reporters.”  Federal district court opinions are published in the Federal Supplement (F. Supp., F. Supp.2d); federal circuit court opinions are published in the Federal Reporter (F., F.2d, F.3d); Supreme Court opinions are published in the United States Reporter (U.S.) and the Supreme Court Reporter (S.Ct.).