Lesson 58: Sources of American Law
In this lesson, we will look at sources of law in
the United States including common law, constitutions, statutes and
regulations, and case law.
A tradition that would follow to America was one that
was established years ago in 1066 when the Normans conquered England. In order
to unify the country under one rule, they used a law-making system called
common law.
In common law,
decisions made by judges become law as they get applied to similar situations in
future cases.
As cases are brought in front of them,
judges use principles from
past cases to
help them decide current ones. This creates a body of judge-made laws that can
be referenced and it keeps law somewhat consistent.
With cases in the law books,
this establishes what is known as precedent. That is a court ruling that
provides a basis for decisions made in subsequent cases that are similar.
Judges rely on precedents in deciding cases.
The doctrine of Stare Decisis (pronounced ster-ay dih-sigh-ses), which
literally means, "to stand on decided cases," refers to this judicial policy of
following precedents established by past decisions.
A lower court is obligated to follow a precedent established by a higher court
in the same state. All courts are obligated to follow the laws established by
the United States Supreme Court.
The U.S. and
state Constitutions work the same way. The supreme law of the land is the U.S.
Constitution. Any law in violation of it can be declared unconstitutional.
Each state has its own constitution that is the supreme law within its borders,
but it must not conflict with the U.S. Constitution or with federal laws and
treaties.
Another way laws are formed is when they are enacted by legislatures. Statutes
are formed at the federal and state level for defining individual's rights and
obligations. Local governments pass ordinances.
As we have discussed,
federal agencies put in
place by Congress are also a source of law through their power to
draft regulations.
Putting it all together is what we call case law. The judicial interpretations
of common law principles and doctrines, as well as interpretations of
constitutional law, statutory law, and administrative law all form this
important body of law known as case law.
Basically, when a court decides what a constitutional provision or a statutory
phrase means, it is establishing law.