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Example: The U.S. Constitution, and the Constitution for the State of Oregon
FEDERAL AND STATE LAWS/RIGHTS/POLICY
A constitution is a formal document that outlines the fundamental principles and rules by which a country or organization is governed. It defines the structure of government, its powers, and the rights of its citizens. In essence, it's a blueprint for how a society operates. |
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Example: A law that requires drivers of automobiles to obey the traffic laws.
A law passed by a legislature. |
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Example: Roe v. Wade, which held that a woman has a right to an abortion (based upon her right to privacy).
AKA- A CASE THAT RESULTED IN A LAW PASSED |
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Example: Colorado Rules of Civil Procedure
Court rules, also known as rules of court, are the procedures and regulations that govern how court cases are handled. They are designed to ensure fairness and efficiency in legal proceedings, and they may be specific to different types of courts or cases. These rules dictate everything from filing procedures to how evidence is presented. |
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Example: Social Security regulations
An administrative rule, also known as a regulation, is a general statement made by a government agency to clarify and implement laws, or to govern the agency's own operations. These rules are created by agencies after they have been given the power to do so by a legislative body. They can cover things like procedures, practices, and even the establishment of fees. |
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| -Administrative Decisions |
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Example: When the Immigration and Naturalization Service decides whether someone is allowed to immigrate into the United States
An administrative decision is a determination made by a government agency or official, rather than a court, that has legal consequences. It's similar to a court decision but made by an administrative body with delegated authority, often under specific laws or regulations. These decisions can range from formal, trial-like hearings to informal meetings, and they can involve granting or denying permits, licenses, or benefits, or enforcing existing rules and regulations. |
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Example: A local law that limits the amount of lawn watering that may take place
An ordinance is a law or regulation enacted by a local government, such as a city or town council, that applies to the specific jurisdiction it governs. Think of it as a local statute. Ordinances often cover topics like zoning, public health, and safety, and they are binding on everyone within the local area. |
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Example: A document declaring the incorporation of a municipality
In the legal context, "charter" generally refers to a document that grants rights, privileges, or powers to an entity, such as a city, corporation, or educational institution. It can also refer to a legal agreement or contract, like a charter agreement for hiring a vehicle or ship for exclusive use. |
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Example: An extradition agreement between Canada and the United States, agreeing that any person in custody in Canada accused of a felony in the U.S. not punishable by death may be sent back to the U.S.
In the realm of international law, a treaty is a formal, binding agreement between nations, governed by international law. It's essentially a contract, outlining the rights and obligations of the parties involved. Treaties can be bilateral (between two countries) or multilateral (between multiple countries). |
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Example: When the President, or a Governor, grants clemency to a person convicted of a crime
An executive order is a directive issued by the president or governor, which has the force of law, usually based on existing statutory or constitutional powers. It instructs federal agencies or officials to take or refrain from specific actions. Executive orders don't require congressional approval and can't overturn laws passed by Congress |
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| Are statutes superior in authority to cases? |
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| While you usually don't have to worry about it, if a statute and a case are in conflict, as a rule, statutes are superior to cases. The exception is that the U.S. Supreme Court can declare a law created by any legislature "unconstitutional. |
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| Are cases and opinions the same thing? |
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| Yes. For instance, the case of Roe v. Wade is a court opinion. |
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| I thought only statutes were law. Are all of these real kinds of law? |
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| YES! All ten of these are kinds of law that people and businesses may be subject to. |
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