Alumni Library

Legal Research Center

Starting Places

About the Law

Secondary sources--legal dictionaries, encyclopedias, and journal articles--can help you understand the law.

Constitutions

A constitution is the fundamental document that establishes the structure of the government of a country or a state and enumerates its powers. It also outlines the fundamental rights of all citizens.  As the primary founding document, no 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.

Statutes

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form exactly as passed by the legislature and a codified form in which the laws are arranged by topic and all superseded and repealed laws are removed.  For example, federal laws are published in chronological form in the U.S. Statutes at Large, and codified in the United States Code.   In Pennsylvania, the chronological form of the laws are the Laws of Pennsylvania and the codified version is Purdon's Pennsylvaia Statutes Annotated.

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 verions  For example: federal regulations are published daily in the Federal Register and then codified in the Code of Federal Regulations.   Pennsylvania's regulations are published chronologically in the Pennsylvania Bulletin and codified in the Pennsylvania Code.

Case Law

Courts interpret statutes and regulations.  Generally there are two types of courts trial courts and appeals courts.  Trial courts determine matters of fact and and "apply the law" to that specific 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 courts, espcially appeals court decisions, constitute the body of case law.  Case law  evolves as the courts continue to interpret laws and regulations.   Courts must follow precedent, which means a lower court must follow the decision of the higher appeals court. This principle is called stare decisis.

All case law is influenced by jurisdiction, or the authority given by law to a court to hear the case.  There are courts with federal jurisdiction, courts with jurisdiction in a particular type of case, and courts with local jurisdiction. 

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: State courts have jurisdiction over matters related to  its own state statutes and regulations, and the state constitution. Each of the jurisdictions has a final court of appeal (e.g. the U. S. Supreme Court, or Pennsylvania Supreme Court).  Information on the structure of the Pennsylvania can be fourn at  the website of the Unified Judicial System of Pennsylvania.  For more information consult Understanding the difference between Federal and State Courts

PENN STATE  |   UNIVERSITY LIBRARIES  |   PENN STATE ALUMNI ASSOCIATION  |  LIBRARIES DEVELOPMENT

The Pennsylvania State University ©2006 | Privacy and legal statements
Last updated 11/17/09 | Have a question? Contact Us
U.Ed. LIB 06-125