Short Summary on Law of the United States
This article addresses Summary on United States law. The law of the US (United States) comprises many levels of codified and uncodified forms of law, the United States Constitution is the supreme law, the foundation of the federal government of the United States. The Constitution of US sets out the boundaries of federal law, which consists of Acts of Congress, treaties ratified by the Senate, regulations promulgated by the executive branch, and case law originating from the federal judiciary.
The US Code is the official compilation and codification of general and permanent federal United State statutory law. Federal law and treaties, so long as they are in accordance with the US Constitution, preempt conflicting us state and territorial laws in the 50 U.S. states and in the territories.
The Most U.S. law is actual “living law” like- contract, tort, property, criminal, and family law experienced by the majority of citizens on a day-to-day basis, consists primarily of state law.
Sources of law
In the United States, the law is derived from 5 (five) sources:
- Constitutional law,
- Statutory law,
- Administrative regulations,
- and the common law (which includes case law).
The US Constitution is important because it protects individual freedom, and its fundamental principles govern the United States. The US Constitution places the government’s power in the hands of the citizens. It limits the power of the government and establishes a system of checks and balances Any law conflicts with the Constitution, State or federal courts may rule that law to be unconstitutional and declare it invalid.
Statutory law originates with the Constitution, Congress the power to enact statutes for certain limited purposes like regulating interstate commerce.
After the president signs a bill into law (or Congress enacts it over his veto), it is delivered to the Office of the OFR (Federal Register) of the NARA (National Archives and Records Administration) where it is assigned a law number, and prepared for publication as a law.
The Code of Federal Regulations, the codification of federal administrative law, Congress often enacts statutes that grant broad rulemaking authority to federal agencies.
Common law, case law, and precedent
Judicial interpretations of federal law from the federal district and intermediate appellate courts hold great persuasive weight, state courts are not bound to follow those interpretations. There is only one federal court that binds all state courts as to the interpretation of federal law and the federal Constitution: the United State Supreme Court itself.
The 50 American states are separate sovereigns, with their own state constitutions, state governments, and state courts, All states have a legislative branch which enacts state statutes, an executive branch that promulgates US state regulations pursuant to statutory authorization, and a judicial branch that applies, interprets, and occasionally overturns both state statutes and regulations, as well as local ordinances.
Criminal law and procedure
Responsibility for US criminal law and US criminal justice in the United States is shared between the states and the federal government.
Civil procedure in the US consists of rules that govern the civil aspect of the state, federal, and territorial court systems, and is distinct from criminal proceedings. Like much of American law, civil procedure is not reserved to the federal government in its Constitution. As a result, each US state is free to operate its own system of civil procedure independent of her sister states and the federal court system.
The US Tort law generally covers any civil action between private parties arising from wrongful acts which amount to a breach of general obligations imposed by law and not by contract.
The US Contract law covers obligations established by (express or implied) agreement between private parties. Generally, contract law in transactions involving the sale of goods has become highly standardized nationwide as a result of the widespread adoption of the Uniform Commercial Code.