This chart is a simplification of the federal system. Remember that a parallel system exists at the state level.
A typical interaction
would be: The legislature passes a law, also called a statute or act. A case
is brought by one person claiming another has broken that law. The court decides
how the law should be interpreted and applied based on the legislative history*
of the statute and previous cases. For example, Congress passed the Americans
with Disabilities Act, golfer Casey Martin sued PGA Tour, Inc. over its provisions,
and the Supreme Court decided whether Martin was correct.
* Legislative history comprises all the hearings, reports, and other documents generated
in the legislative process from bill to act.
Another example would
be: The courts develop a body of common law--law created by judges rather than
by a legislature. Common law builds over time through precedent; courts rely
on what previous courts decided. Sometimes, common law is codified in a statute
or regulation. For example, the Fair Use Doctrine in copyright law, which allows
use of copyrighted materials, developed in the courts to protect freedom of
expression and freedom of the press, and was later codified in the Copyright
Act of 1976.
Regulations, or administrative
law, are usually laws created by agencies in order to enforce and apply the
statutes, based on the legislative history of the law. Congress passes the Clean
Air Act and the Environmental Protection Agency decides the specifics. The EPA
can then sue for noncompliance, which leads to a ruling and/or court.
Courts also have the
power to decide whether statutes and regulations are in keeping with the Constituion.
Thus, a federal court decided the validity of the Communications Decency Act
in ACLU v. Reno.
The chart above illustrates
the levels or stages of each kind of law, as explained in the What
is Case Law, What is Statutory Law, and What
is Administrative Law pages.
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