A Brief Overview of U.S. Law
It is important to remember the hierarchy of U.S. law. Cities can make laws, but these laws must be in compliance with the law of the State in which that city is located. Each of the fifty states make laws, but these laws must be in compliance with federal law. Federal law is therefore supreme.
Federal law is made by each of the three branches of government:
- The executive branch makes laws through the various federal agencies. These laws typically are called regulations. They are first published in chronological order in the Federal Register (also on the 4th floor in the library) and then are arranged by subject in the Code of Federal Regulations.
- The legislature makes laws by passing bills in Congress. When a bill becomes law, it is then called a Public Law. These laws are first published in chronological order in the U.S. Statutes at Large and then arranged by subject in the United States Code.
- The judiciary branch interprets the laws created by the legislature and the executive branch. The judiciary also makes law by resolving disputes between individuals, organizations, or businesses that have been brought to the federal court. Once a court has issued an opinion in a case, then other lower courts must follow the court's ruling. Federal cases typically are brought in a federal district court and the opinions published in the Federal Supplement. Cases may be appealed to the federal appellate court; the opinions are published in the Federal Reporter. Some cases are subsequently appealed to the U.S. Supreme Court; those decisions are published in US Reports, Supreme Court Reporter, and Supreme Court Reports Lawyers' Edition.
It is usually easy to find U.S. law; the hard part is interpreting the law. To help you understand the law, there are numerous secondary sources with descriptions and analyses of the laws. Some of these include legal encyclopedias, nutshells, hornbooks, treatises, practice guides, and law journals.
The UC Law SF Library has an extensive collection of both the primary sources of U.S. law (regulations, public laws, and case law) and the helpful secondary sources which explain the law.
The Congress.gov website is a good starting place for students unfamiliar with the U.S. legislative process. It includes information about how U.S. laws are made and a guide to the U.S. legal system. For a more introductory guide to the U.S. legal system, try the USCourts.gov website.