Subject Specialist:
Law, Political Science, International Affairs
814-863-1347
e-mail: hms2@psu.edu
Helen Sheehy
Title: Head Social Sciences Library
Subject Specialist:
Law, Political Science, International Affairs
814-863-1347
e-mail: hms2@psu.edu
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.
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form — exactly as passed by the legislature and a codified form in which the laws are arranged by topic and all superseded and repealed laws are removed.
Sources of statutory laws include:
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 version
Sources of published regulations include:
Courts interpret statutes and regulations. Generally there are two types of courts: trial courts and appeals courts.
Trial courts determine matters of fact and 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.
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 that a lower court must follow the decision of the higher appeals court. This principle is called stare decisis.
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:
Each state court has jurisdiction over matters related to its own state statutes, regulations, and constitution.
Each jurisdiction has a final court of appeal (e.g., the U.S. Supreme Court, Pennsylvania Supreme Court, Supreme Court of New Jersey)
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 are assigned to the federal government. Those duties not specifically assigned to the federal government are delegated to the states. The constitution can be amended following the procedures proscribed in the constitution.
| 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) |