How the Law Works

Law

A set of rules agreed upon by society to guide behavior.

Supreme Law of the Land

All U.S. laws must comply with it and it applies to all U.S. citizens.

Bill of Rights

The first 10 amendments established in 1791. Protects basic liberties.

Basic Liberties

Freedom of speech, religion, and press. The right to a fair, public, and speedy trial. Right to bear arms. Protection against unreasonable search and seizure.

Amendments

Changes to the constitution. A total of 7 articles and 27 amendments.

14th Amendment

Guarantees due process and equal protection under the law (regardless of race and gender).

Methods of Amending the Constitution

Congressional Method (ratified by federal legislature) and State Petition Method (ratified by states petition and then congress).

Ratification

A formal approval of an amendment or treaty.

Statutory Law

Created by legislative bodies and signed into law by the executive.

Legislative Bodies

Congress or State Legislatures

Executive

President or Governor

Legislative History

Official record of how a bill becomes a law. Includes all debates, amendments, hearings, and committee reports.

Conference Committee

Formed for the purpose of reconciling differences in legislation.

Library of Congress

Establish in 1800 to preserve and provide sources of knowledge including bills, legislative histories, and congressional record statements.

Congressional Record

Daily record of congressional activity that tracks votes, bill movements, and debates.

Preemption Doctrine

Federal law rules over state law. States cannot override of conflict with federal law.

Federally Controlled Areas

Patents and copyrights, interstate commerce, and bankruptcy.

Case Law

Published judicial decisions. Used by judges alongside constitutions and statutes to make legal decisions.

Common-Law System

Law evolves through judicial decisions and uses precedent to guide future cases.

Precedent

A prior case dealing with a legal issue similar to that of a pending case.

Civil-Law System

Based on detailed legal codes where the courts interpret codes but the results are not binding in future cases.

At bar

“Before the court,” or currently being handled in court.

Unpublished Cases

Not officially reported and cannot be cited as precedent.

Binding Precedent

Must be followed. Comes from higher courts in the same jurisdiction.

Nonbinding Precedent (Persuasive Authority)

Not mandatory but may be influential. Comes from courts in other jurisdictions.

Stare Decisis

“Let the decision stand.” Courts prefer to follow established precedent unless there is a compelling reason to change it.

Plessy v. Ferguson (1896)

Upheld racial segregation under “separate but equal.”

Brown v. Board of Education (1954)

Overturned Plessy v. Ferguson and declared racial segregation in schools unconstitutional.

Administrative Law

Created by federal and state agencies. Consists of rules and regulations governing specific areas.

Social Security Administration (SSA)

Scope of authority over the social security system.

Department of Health and Human Services (HHS)

Has authority over the health care system and cand issue detailed regulations.

Challenging Regulations

Three primary grounds: exceeding authority, inconsistency with statute, and unconstitutionality.

Municipal Law

Law enacted by local governments (ex: building codes, health codes, traffic laws)