Law Resources: The Three Types of Law

Judicial, legislative, and administrative law are all forms of law. They work together and overlap.

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.

Susan Clerc
Reference Librarian