american law: structure and authority margaret schilt associate law librarian for user services...

American Law:Structure and Authority

Margaret SchiltAssociate Law Librarian for User ServicesD’Angelo Law Library

17 U.S.C.A. Section 102

705 ILCS 65/5

Municipal Code of the City of Chicago 4-8-037

Two statutes (and an ordinance)

37 C.F.R. § 202.1

77 Ill. Adm. Code 2030.1160

Two regulations

344 F.Supp.2d 1203

235 Ill.2d 178

Two cases

Chart of the United States Legal System

Questions you might ask: How do you know a particular topic of law is controlled by

federal, as opposed to state law? How do you know if a particular topic of law is controlled by

statutory law or case (common) law? Are there situations where more than one of these types of law

is needed? How do they interact? Where do administrative law (rules and regulations) fit in? These can be very complicated questions!

How do these different kinds of law relate to each other?

Professor LaCroix’s lecture on federalism Does federalism explain some of these questions?

Federal law: limited by the Constitution Enumerated powers 10th Amendment: The powers not delegated to the United States

by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

State law Everything else

Federal law/state law

Some areas regulated by federal law

Commerce that crosses state lines (e.g., interstate transportationsystems)

Copyright, patents Foreign relations

Armed forces Federal taxes Immigration

Questions about federal lands

Bankruptcy Banking

Domestic relations (divorce, child custody, etc.)

Landlord/tenant relationships

Property law

Schools

Corporate law

State taxes

Local roads and highways/motor vehicle laws

Zoning

Insurance

Some areas usually regulated by state law

Definitely! Consider, for example: Taxes!! Also

Are there areas regulated by both state and federal law?

Environmental protection

Food and drug regulation

Public health

Commercial transactions

Criminal law

Employment

You research the law!

How do you know?

Statutes and cases Statutes and regulations Regulations and cases

How do different types of law interact?

Harris v. Davis, 139 Ill.App.3d 1046 (1986)

Case, based in state common law

McKinney's Civil Rights Law § 80-b § 80-b. [Gifts made in contemplation of marriage]

Jones v. Daniels, 43 Misc.3d 40 (NY 2014)

Case, based in state statutory law

Witkowski v. Blaskiewicz, 162 Misc.2d 66 (NY 1994)

 “Where, as here, the applicable statute does not define the offense or crime, the definition must be obtained from the common law. State v. Taylor, 46 N.J. 316, 334, 217 A.2d 1 (1966). This principle applies equally to ascertainment of meaning as to words or phrases within the statute, though penal or criminal statutes “are to be strictly read to avoid penalties by construction.” State v. Brown,22 N.J. 405, 126 A.2d 161 (1956)  (from State in interest of J.S., 642 A.2d 430)

State case, based in both statutory and common law

That is, is there such a thing as “federal common law”?

Yes!

 ”‘Federal common law,’ as I use the term, means any federal rule of decision that is not mandated on the face of some authoritative federal text--whether or not that rule can be described as the product of ‘interpretation’ in either a conventional or an unconventional sense.”  Thomas W. Merrill, The Common Law Powers of Federal Courts, 52 U. Chi. L. Rev. 1, 5 (1985)

Does this sort of thing happen atthe federal level?

Federal agencies are authorized by statute or by the President to regulate in particular areas.

The scope of the regulations is limited by the authorizing statute or direction.

Therefore, when a regulation is challenged, the challenge is often on the basis that the regulation exceeds the power given to the agency by the authorizing statute.

Statutes and regulations

American Law: Structure and Authority

Authority: Mandatory and Persuasive

Precedent: results and reasons in previous cases become rules for subsequent cases

Stare decisis: Latin for “to stand by decided matters”

But how do you know which “decided matters” to stand by?

Precedent and stare decisis

Binding precedent (also known as mandatory authority)

Trial court cases are the rule of law for that case only (that is, they are not binding precedent for any other cases)

Cases may be binding precedent (mandatory authority) if they:

Binding Precedent

Decide the same legal issues

Have similar facts

Are from a higher court in the same jurisdiction

Under the Constitution, federal courts have limited jurisdiction. Often the first section in a federal court complaint will be a

statement of the facts and law that give the court jurisdiction to hear the case.

Most cases in federal court arise under these 2 kinds of jurisdiction:

The claim arises under a federal law– “cases, in law and equity, arising under this Constitution, the laws of

the United States, and treaties made, or which shall be made, under their authority” – Article III, Section 2

The case is between parties who live, or are incorporated in, different states (diversity jurisdiction)

– “between citizens of different states” – also Article III, Section 2

Federal jurisdiction

Geographic jurisdiction Federal State

“subject matter” jurisdiction E.g. United States Tax Court

Jurisdiction

Three-part structure Supreme Court of the United States

Highest court United States Circuit Courts of Appeal

Intermediate appellate court United States District Courts

Trial courts of the federal system

Map of the United States court system

Which federal court?

Persuasive authority are cases that are not mandatory authority, but can be argued in support of your position

Cases may be cited as persuasive authority if they:

Secondary sources, while very useful to find out what the law is, are always persuasive authority, never mandatory.

Persuasive authority

decide the same legal issue

have similar facts

are well-reasoned and persuasive

State courts defer to federal court precedent in matters of federal law Why would state courts ever decide a matter of federal law?

Federal courts defer to state court precedent in matters of state law Why would federal courts ever decide a matter of state law?

Federal/state issues re: precedent

Email me at schilt@uchicago.edu

Questions?