A. Introduction
1. When a person is faced with trying to solve a legal problem, she must confront the wide array of legal texts that have an impact on her particular situation. Depending on the context, these texts may take the form of statutes, judicial decisions, or adminstrative regulations. The texts can be the product of the federal government, the state government, a local government, or some combination involving all three. The number of institutions that have the power to create law and the number of different jurisdictions involved can make this a very complex situation. This product is designed to help you understand the sources of law, how these texts are published and distributed, and how to use the tools which help you get to them.
2. In recognition of the changes in the way information is distributed today, this text will mix references to electronic and paper sources, accentuating what is available free on the Internet. The underlying premise, however, is that the researcher needs to think in terms of the nuggets of information needed, not particular books, commercial computer systems, or websites. This allows the researcher to work with a range of possible sources rather than being tied to a specific set of materials.
3. In order to analyze and solve legal problems, the lawyer/researcher has to know both the facts and the law and to know how the two mesh. The facts in any given case — the details of an automobile accident or the substance of a contract — are unique to each case. The law, however, is based on a broad principle that similar cases should have similar and predictable results. This means that most fact situations can be classed into a particular legal categories and through arriving at the appropriate category, the resulting legal obligations of the parties are understood. One of the major tasks of the lawyer is to research the legal context of the client’s situation and to apply it to the facts. This is not a simple process. It tends to involve a repetitive reappraisals of the information at hand to ascertain which facts are important and what laws are relevant before you arrive at an accurate and reliable answer. This text is designed to introduce you to the process by which you uncover the applicable law in any given situation.
4. The basic question is "what law applies" to the facts at hand. The lawyer has to understand the sources of law. At a simple level, this involves knowing the relevant statutes, administrative law and case law. However, research in the law of the United States has the added element of figuring out whether any Constitutional law issues are involved. The Constitution of the US has a status above and beyond simple legislation. Its influence is pervasive through all kinds of law, and rights granted under it can be brought up by any citizen in any forum.
5. This means that underlying every dispute there are two issues which have to be reviewed along with the facts and the substantive law involved in a particular situation. Are there issues of individual constitutional rights? And, is the law in this situation federal or state or a combination of the two?
6. The US Constitution creates three main institutions with the power to create law: the Congress, the Presidency, and the Courts. In practice this means that the sources of law in the United States are legislation, case law, and administrative law. These will be discussed in the context of the federal government. However, it is important to remember that this three part division is echoed in each of the fifty states. For every source of law in the federal government, there is a close equivalent in every state. It is also important to remember that although this system is often referred to as a separation of powers model it can also be seen as a conflict of powers model, with each part of the government trying to have the last word on a particular issue.
7. This text will examine each of the sources of law and review constitutional law at the end as a way of wrapping up the concepts and showing how they fit together. In the process, it will explore both computer-based information sources and the traditional paper publication systems.