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Understanding the Law: Statutes, Regulations, Court Cases, and Jurisdictions


To locate the legal information you need, you must first understand how the law is made, who is responsible for those laws, and how jurisdictions influence the publication of law materials. 
Statutes
A statute is the law as passed by the U.S. Congress or a State Legislature.  At the local level statutes are most often called ordinances.  In most cases, statutory laws are published in 2 forms, a chronological form exactly as passed by the legislature and a codified form in which the laws are arranged by topic and all superseded and repealed laws are removed.  Examples of statutory laws include:
  • U.S. Statutes at Large (federal-chronological)
  • United States Code (federal)

  • Laws of Pennsylvania (chronological)
  • Purdon's Pennsylvania Statutes Annotated (codified)
Regulations
Regulations, the detailed rules that outline how statutes will be enforced, have the force of law.  While legislative bodies write statutory law, administrative agencies of the executive branch of government produce regulations. Regulations are written by all levels of government:  federal, state, and local.  Like statutes, regulations are generally published in two versions.  A chronological version and a codified verions

Examples of published regulations are: 
  • Federal Register (chronological)
  • Code of Federal Regulations (codified)

  • Pennsylvania Bulletin (chrological verion)
  • Pennsylvania Code. (codified)
Court Cases
Courts interpret statutes and regulations.  Generally there are two types of courts trial courts and appeals courts.  Trial courts determine matters of fact, e.g. determine the application of the laws to a given set of facts.   Appeals courts determine whether the statutes and regulations have been applied fairly and correctly in trial courts or a lower appeals court. 

Case law, the opinions rendered by appeals court decisions constitute the body of case law.  Case law  evolves as the courts interpret laws and regulations.   Courts must follow precedent, which means a lower court must follow the decision of the higher appeals court. This principle is called stare decisis.
Jurisdictions

All law is influenced by jurisdiction, or the authority given by law to a court to hear a case.  There are courts with federal jurisdiction, courts with jurisdiction in a particular case, and courts with local jurisdiction.  Below is a simplified outline of federal and state jurisdictions.  For more information consult
Understanding the difference between Federal and State Courts


  • Federal courts have jurisdiction over matters related to federal statutes and regulations, as well as the U. S. Constitution.   They also have jurisdiction in matters involving citizens of two different states. Federal courts include:
  • State courts have jurisdiction over matters related to  its own state statutes and regulations, and the state constitution.
Each of the jurisdictions has a final court of appeal (e.g. the U. S. Supreme Court, or Pennsylvania Supreme Court)
Constitutions
A constitution is the fundamental document that establishes the structure of the government of a country or a state. As the primary founding document, legislature or executive agency can promulgate a statute or regulation that violates a provision of the constitution or its amendments.  The courts decide whether or not laws and regulations violate the constitution.

The Constitution of the United States outlines the structure of the federal government, how responsibilities are divided among the 3 branches of government, and what duties/responsibiliteis are assigned to the federal government.  Those duties not specifically asigned to the federal government are delegated to the states. The constitution can be amended following the procedures proscribed in the constitution.

Graphical Representation

Constitution
Laws
Regulations
Courts
Federal Constitution of the United States
  • Statutes at Large
  • United States Code
  • Federal Register
  • Code of Federal Regulations
  • Supreme Court
  • Courts of Appeal
  • Federal Trial Courts
PA State Pennsylvania Constitution
  • Laws of Pennsylvania
  • Purdon's Pennsylvania Consolidated Statutes
State Regulations
  • Pa. Bulletin
  • Pa. Code
  • Pa. Supreme Court
  • Pa. Superior Court and Pa. Commonweath  Court (appeals)
  • Pa. Courts of Common Pleas (trial, county level)
Local-County and Municipal Charters, incorporation agreements, etc. Local ordinances  Local administrative regulations  local courts (e.g. , magisterial districts, municipal courts, traffic courts)

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Helen M. Sheehy
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