The law is the law made and enforced by governmental or social institutions to govern behavior, generally with its exact definition a point of longstanding debate. For many years, lawyers have defined the law as something very different from the way that many people think about it. For instance, some commonly used definitions of the law include civil law, which includes most of the law that is not criminal law, as well as private law, which cover the law that is practiced in private households and is usually represented by a lawyer. It was differentially defined as the art and science of law.
A law that is enforced by the state or federal government is called public law. Statutory law, which is commonly known as statutes, is law that is enacted by state legislative bodies such as statehouses, municipal chambers, or city councils. Civil law, which includes common law, is law that is derived from or is imposed upon, individuals, corporations, estates, and governments. A legislative act may be either public or private law. Private law is generally referred to as criminal law. In addition, a court may declare an act to be an illegal use of force or violence when such act would be considered an assault if the same had been undertaken by an individual.
The United States Constitution, as well as every article of the constitution of the states in the United States, explicitly refers to the United States Congress as the supreme law. Therefore, laws that are directly passed by the U.S. Congress are called U.S. laws, and if a conflict arises between a federal law and a state law, then the conflict is with that state’s constitution. In short, when two states or jurisdictions bind each other, they are adopting or interpreting each other’s laws rather than the federal Constitution.
Because U.S. statutory law is expressed in both bills and laws, they are sometimes referred to collectively as statutes. Statutory law also includes the judicial law code, which includes case law, certiorari orders, writs of certiorari, and judgments. The U.S. Congress, by tradition, usually controls all legislation, and while Presidents may sign executive orders, Congress still has the final say. As a result, a conflict between a federal law or regulation and a state law often arises. The courts are tasked with resolving these differences.
There are five branches of the U.S. government. Each has a supreme law and all laws that are binding on citizens are statutory laws. Other things like oaths of office and constitutional amendments are also statutory law and are enforced by the courts. However, unlike executive orders or warrants, which are directives that must be enforced by the executive branch, statutes are not orders that can be easily changed. Congress, rather than the executive branch, decides how laws are to be enacted.
One of the most important decisions the Supreme Court takes is interpreting the constitution. interpretations of the constitution must be respected because the constitution was written by voters for the US. Unlike bills that have to pass through both houses of the legislature and be approved by a presidential commission before becoming law, the constitution must be interpreted by judges based on what the people wanted. Some interpretations of the constitution are hard for the courts to decide. The 10th Amendment, for instance, is a problematic issue in which many legal scholars believe it is only used as a rule of thumb, and not in any way controlling the government.
The U.S. Supreme Court is one branch of government that is very directly involved in interpreting the constitution. The court upholds its decisions interpreting the law providing it is a law passed by the state legislature. For example, if a person is convicted of a federal crime in a state other than the one they were arrested in, they can still use the argument that they were acting under the influence of the state in violation of their constitutional rights. Similarly, if someone is guilty of a crime in a state but is later found guilty in federal court, they can argue that the state’s jurisdiction was not relevant at the time of the crime. In addition, the court upholds other types of law such as tax laws, naturalization laws, and laws against discrimination.
One of the most important branches of American government is the administrative law branch. Administrative law deals with things like labor laws, consumer protection, environmental protection, intellectual property laws, and other things like occupational health and safety. All of these things are ruled by the constitution and many of the opinions of lower court judges are appealable to the supreme court. This aspect of American constitutional law is called “checks and balances.”