Sources of Law

These are the places where laws come from. Laws can be created or influenced by various entities and processes:

Constitutions (State and Federal)

Federal Constitution: The supreme law of the land, outlining the structure of the U.S. government and the basic rights of citizens (e.g., the Bill of Rights).
State Constitution: Each state has its own constitution, which outlines the structure of its government and the rights of people within that state. State constitutions can't conflict with the U.S. Constitution but can provide additional rights.

Treaties

Treaties are agreements between countries that have the force of law in the U.S. when ratified by the Senate. For example, a treaty might set trade terms or environmental standards between two countries.

Statutes (State and Federal)

Federal Statutes: Laws passed by the U.S. Congress, such as laws on taxes or immigration, that apply across the entire country.
State Statutes: Laws passed by state legislatures that only apply within that state, like state tax laws or criminal laws.

Ordinances (City/County)

Ordinances are laws passed by local governments (like cities or counties). They deal with local issues, such as zoning laws, noise ordinances, or parking regulations.

Executive Orders (State and Federal)

Federal Executive Orders: Orders issued by the President that have the force of law, typically dealing with the operations of the federal government.
State Executive Orders: Orders issued by a state governor with authority over state agencies or operations within the state.

Regulations

Regulations are detailed rules created by government agencies to implement laws. For example, the Environmental Protection Agency (EPA) may create regulations on air quality based on environmental laws passed by Congress.

Common Law

Common law is law that evolves from court decisions over time, rather than being written in statutes. It develops through judges making rulings in individual cases.

Precedent: The principle that courts should follow the decisions made in previous cases (i.e., past court decisions guide current decisions).
Stare Decisis: The legal doctrine that obligates courts to follow the precedent set by earlier decisions in similar cases.

IRAC Method of Briefing a Case

The IRAC method is a way to analyze and summarize legal cases:

Issue: What is the legal question or issue in the case?
Rule: What is the law or rule that applies to the issue?
Application: How does the rule apply to the specific facts of the case?
Conclusion: What is the final decision or outcome based on the application of the law?

Conflicts Among Sources of Law and How Those Are Resolved

Sometimes, different sources of law can conflict. For example, a state law may contradict a federal law. In such cases:

Federal Law Supremacy: The U.S. Constitution says that federal law generally takes precedence over state law (known as the "Supremacy Clause").
Resolving Conflicts: Courts decide which law applies by interpreting the Constitution or looking at legal principles like preemption or state rights.

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