Primary Sources of Law

Laws are rules of conduct established to civilly resolve disputes, maintain stability, and ensure a peaceful and well-functioning community.
The four primary sources of law at the state and federal levels are:
- Constitution
- Federal and State Statutes
- Administrative Regulations
- Case Law

A constitution is a fundamental charter that establishes the government and its operational rules.
Articles focus on the functioning of the government, while the first 10 amendments make up the “bill of rights”.

Also known as statutory law, federal and state legislation forms the second key source of law.
The Clean Air Act is an example of a federal statute regulating air emissions from stationary and mobile pollution sources.

Federal administrative regulations are published and updated annually across three places:
- Code of regulations: The primary source of regulatory laws.
- List of sections Affected: Brief summaries of affected federal law sections.
- Federal register: Detailed explanations of regulations.
Administrative regulations are created using two types of rulemaking:
- Informal rulemaking: A fluid process requiring general notice specifying the time, place, and nature of the proceeding.
- Formal rulemaking: A costly and time-consuming process.

Known as judge-made law or “common law,” case law resolves issues not covered by statutes.
Courts rely on tradition to apply definitions and rules.
State law rarely defines contract building blocks or the elements of torts.