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Introduction to Law

Substance Law

Definition: Law that defines rights, duties, and obligations (the “what” of the law).

The law that governs how people are to behave. This is the “semantics” of law.
Example: Contract law rules about what makes an agreement enforceable.

Procedural Law

Definition: The law that governs how to make use of the legal system, including how to make and enforce laws. This is law’s “grammar.”

Law that sets the rules for how legal cases are processed (the “how” of the law).
Example: Rules about filing deadlines or how evidence is admitted in court.

Analogy: Substantive vs Procedural (Grammar)

Definition: Substantive law is like meaning (semantics); procedural law is like structure/rules for using language.
Example: Knowing what a sentence means vs knowing grammar rules to form it correctly in writing.

Common Law

Definition: Law developed through court decisions and precedent rather than written statutes alone.
Example: A judge follows prior rulings in similar negligence cases.

Civil Law

Definition: A legal system based primarily on written codes and statutes rather than judicial precedent. Examples include France, Germany, and the state of Louisiana. 
Example: Courts apply a civil code to resolve contract disputes in France or Germany.

Jurisdiction

Definition:The power to make legal decisions and judgments.

To say that a court “has ***” refers to its power to pronounce law, especially its power to hear a certain type of case or adjudicate disputes between particular persons. But “***” is sometimes used differently in other contexts. For example, “this ***” refers to “this state” or “this nation’s laws.”

Adjudicate

Definition: To formally decide or judge a legal dispute.
Example: A judge adjudicates who is liable in a breach of contract case.

Tribal Law

Definition: Law created by a tribal government that applies to tribal members and territories. There are over 500 tribal governments recognized in the U.S.
Example: A tribal court handling a dispute on reservation land.

Domestic Law

Definition: Laws that apply within a single country.
Example: U.S. federal and state criminal laws.

International Law

Definition: The set of rules that countries follow in dealing with each other.

This includes the relationship between sovereign states and international entities, such as the International Criminal Court, as well as supranational law, such as the law of the European Union that governs its members.
Example: Treaties regulating trade or war conduct.

Private Law

Definition: The set of laws that governs the relationship of private citizens with each other. Examples include contract law, tort law, and property law.
Example: Contract disputes between two companies.

Public Law

Definition: The set of laws that governs the relationship between citizens and their government. This includes constitutional law, administrative law, and much of criminal law.

Example: Criminal law or constitutional law cases.

What Studying Law Really Is

Definition: Law is less about memorizing rules and more about learning how to find, interpret, and apply them.
Example: Using statutes, cases, and facts to construct a legal argument rather than recalling rules word-for-word.

Constutional Law

Definition: The body of law that derives from the U.S. Constitution. It defines the role of the branches of federal government, divides authority between the federal government and the states, and enumerates the basic rights of citizens. States also have constitutional law based on their state constitutions, but when we speak of it we typically specify “state constitutional law.”
Example: The First Amendment protecting free speech.

Executive Branch

Definition: The branch of government that enforces laws.
Example: The President directing federal agencies to implement policy.

Legistative Branch

Definition: The branch of government that makes laws.
Example: Congress passing a bill on healthcare reform.

Judicial Branch

Definition: The branch of government that interprets laws and resolves disputes.
Example: The Supreme Court deciding whether a law is constitutional.

Statute

Definition: A written law passed by the legislative branch
Example: A federal law regulating minimum wage.

Promulgate (Promulgation)

Definition: To officially announce or put a law or rule into effect.
Example: An agency *** regulations after Congress passes a statute.

Bicameralism

Definition: Refers to the practice of having two “chambers” or “houses” of the legislative branch, each of which must pass a bill before it becomes law. A legislative system with two separate chambers.
Example: A bill must pass both the House and Senate to become law.

Presentment

Definition: Refers to the practice of presenting a federal statute passed by both the House and Senate to the President for signature before it becomes law.
Example: Congress passes a bill, then presents it to the President.

Administrative Agency (Delegated Authority)

Definition: A government body created by Congress and given authority to make and enforce regulations.
Example: The EPA setting pollution standards.

Guidance

Definition: Non-binding interpretations or explanations issued by agencies to clarify how laws or regulations should be applied.
Example: IRS guidance explaining how to interpret a tax rule.

Judicial Decision

Definition: A ruling made by a court that resolves a legal dispute and may set precedent.
Example: A Supreme Court ruling interpreting the Constitution.

“Core”

Definition: Often refers to a central principle or main legal authority; could also be shorthand for “code” in some contexts.
Example: A “core principle” like due process being fundamental to fairness in law.

State Action Doctrine

The constitutional law principle that the Constitution applies only to state action toward individuals, not actions between individuals where there is no state involvement.

Regulation

A rule issued by a government agency that has the force of law.

Sometimes the word “regulation” or “regulate” is also used more informally by lawyers to refer to governance. For example, “how should we regulate autonomous vehicles?”