Question

Sources of Law The unique characteristic of American law is that a very substantial part of it is not to be found in statutes enacted by legislatures but rather in cases decided by the courts. This concept of decided cases as a source of law comes to the USA from England. As a matter of fact, the US legal system is patterned after the English legal system rather than that of the rest of Europe or any other part of the world. The continental countries have codified their laws — reduced them to statutes — so that the main source of law in those countries is to be found in the statutes rather than in the cases. In the USA statutes must be in keeping with the constitutions - federal and state - and the courts can overrule a statute that is found to violate constitutional provisions. Statutes and constitutions are classified as "written law". Also included under this heading are treaties that by the federal constitution are also a part of the law of the land. Case law, as opposed to written law, is not set forth formally but is derived from an analysis of each case that uncovers what legal propositions the case stands for.

Answer 1

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Answer 2

Sources of law in the United States include statutes, cases decided by the courts, constitutions (both federal and state), treaties, and administrative regulations. The unique characteristic of American law is that a significant portion of it is derived from cases decided by the courts, rather than solely from statutes enacted by legislatures.

Influenced by the English legal system, the US legal system recognizes the importance of precedent and relies on the concept of decided cases as a source of law. This means that courts consider prior court decisions when deciding similar cases, applying the legal principles established in those cases to the current situation.

In contrast, many continental countries in Europe have codified their laws, meaning that their laws are reduced to statutes. In these countries, the main source of law is found in statutes rather than in cases.

Statutes, constitutions, and treaties are classified as "written law" because they are formal documents that set out legal rules and principles. Statutes must be in keeping with the federal and state constitutions, and courts have the power to declare a statute unconstitutional if it violates constitutional provisions.

Case law, also known as common law, is not set forth formally like statutes but is derived from the analysis of each individual case. Courts look at the legal propositions established in prior cases to determine the legal principles that should be applied to the current case. These legal principles, collectively known as common law, are the basis for determining the outcome of subsequent cases.

In addition to statutes, constitutions, treaties, and case law, administrative regulations are another source of law in the United States. Administrative agencies have the authority to make rules and regulations that have the force of law within their respective areas of jurisdiction. These regulations are considered a source of law and must be followed by individuals and organizations within the agency's purview.

It is important to note that the sources of law can vary depending on the specific legal system of a jurisdiction. However, in the United States, the sources of law include statutes, cases decided by the courts, constitutions, treaties, and administrative regulations. Each source plays a crucial role in shaping and interpreting the law in the American legal system.