The Five Main Sources of U.S.

Law
 Learning Goal

To recognize the 5 main

sources of U.S. Law
 What is Law???

Law:
The rules of conduct established
by government of a society to
maintain stability and justice.
The 5 Main Sources of U.S. Law

1. Constitutional Law
(Federal and State)
2. Common Law
3. Statutory Law
4. Court Decisions
5. Administrative Regulations
 #1: Constitutional Law
The U.S. Constitution:
1. Is the most fundamental law in our Country.
2. Spells out the principles by which the
government operates.
3. Sets forth the fundamental rights of citizens.
4. Defines the limits of the federal and state
governments for passing laws.
5. Describes the functions of the various
branches and divisions of the national
government.
 #2: Common Law

In the early days of colonization, states

adopted the English Common Law.
• Judges or “Magistrates” traveled the
countryside deciding cases on local customs
and traditions.
• Judges shared their decisions with other
Judges, and this became the basis for
“Common Law.”
 . . . Common Law

Eventually, decisions were written down

and a body of cases was developed.
• Precedent – A Judge is required to follow
an earlier court decision when deciding a
case with similar circumstances.
– Stare Decisis – “Let the decision stand”
 . . . Common Law

• Common Law began to erode with the

passing of new laws and statutes.
• Parts of Common Law still exist in our
Law.
– Except for Louisiana!
• French Common Law
 #3: Statutory Law

Statutes – Laws specifically passed

by a governing body that has been
created for the purpose of making
laws.
Includes all laws passed by Congress,
State Legislatures, Local City Councils or
Town Meetings.
 #4: Court Decisions
Courts make law in 3 ways:
1. Through Common Law – state court
decisions become law, and other courts in
the state must follow
– Unless altered by a statute.
– Possible to change the precedent
2. By Interpreting Statutes – A judge can
interpret an unclear statute, only if the
judge is involved in a related lawsuit.
3. By Judicial Review – Supreme Court can
declare laws Unconstitutional.
#5: Administrative Regulations

Organizations created by Federal, Local,

and State Legislatures for regulating
individual activities.
• Saves the Legislatures time
• Provides an organization with expert
knowledge to govern a specific field
• Can be ended at any time by the Legislature.
– Example = Federal Communications
Commission (FCC)
 Learning Goal

To recognize the 5 Main

Sources of U.S. Law