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Law--Understanding Statutes, Regulations, and Jurisdictions

 

Contact

Helen Sheehy
Title: Head Social Sciences Library


Subject Specialist:
Law, Political Science, International Affairs
814-863-1347
e-mail: hms2@psu.edu

Social Sciences Library

 

Statutes

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form — exactly as passed by the legislature and a codified form in which the laws are arranged by topic and all superseded and repealed laws are removed.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

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:

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 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.

 

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 that 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

Each jurisdiction has a final court of appeal (e.g., the U.S. Supreme Court, Pennsylvania Supreme Court, Supreme Court of New Jersey)

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 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.

Graphical Representation

Comparison Chart
  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)