The nation’s legal system is characterized by two parallel systems: one at the federal level, and one at the state level.
Federal Statutory and Administrative Law as Sources of United States Law
The United States Constitution is the supreme legal authority in the land. The second most important authorities are federal statutes, which are laws Congress enacts. Most statutes create new rules of law rather than codify existing rules. Federal statutes are controlling law unless they conflict with the U.S. Constitution or a court finds them unconstitutional.
Federal regulations, also known as administrative law, function under the authority of the executive branch. For example, the regulations the Environmental Protection Agency (EPA) or National Labor Relations Board (NLRB) enact are administrative regulations. Agencies such as the EPA and NLRB can also issue administrative decisions, which operate like judicial decisions, but carry less weight.
Importance of Federal Common Law to the American Legal System
The common law is judge-made law. The common law system relies on precedent, meaning that each case is decided in light of the cases that preceded it. This is also known as “stare decisis,” which is Latin for “let the decision stand.”
Courts test established principles and adapt them to meet new situations.
In the United States, the federal judicial pyramid starts with the United States Supreme Court at the top, followed by thirteen circuit courts of appeal scattered across the United States, and ninety-four district courts within those circuits.
Because federal courts are courts of limited subject matter jurisdiction, they entertain two types of cases: diversity cases and cases that raise a federal question.
Diversity cases arise from matters between parties of two different states. The parties must be disputing a matter worth at least $75,000 to file in federal court.
Federal question cases arise where a party raises an issue implicating the Constitution or a federal statute. For example, a claim that a plaintiff’s right to free speech has been curtailed raises a federal question.
State Statutory and Administrative Law in the American Legal Hierarchy
Similarly, states have parallel systems of law—both statutory and common law.
Just like the federal system, states have constitutions, statutes, and regulations, which follow a similar system of hierarchy as their federal counterparts.
State Common Law Systems: Mirrors of the American Federal Court System
States also have similar multi-tier court systems. Though the systems vary by state, most have a supreme court, appellate-level court, and a lower level trial court. Within the trial court system, courts may have special jurisdictions for domestic matters, criminal matters, or traffic matters. Some may have dollar jurisdictional thresholds as well. Some appellate courts are courts of limited jurisdiction depending on the type of case appealed.
Before filing case in court, research which venue is appropriate for you—and if you choose to file in state court, be sure to check which court is the appropriate court in which to file.
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