American Law: Structure and Authority Margaret Schilt Associate Law Librarian for User Services D’Angelo Law Library

 17 U.S.C.A. Section U.S.C.A. Section 102  705 ILCS 65/5 705 ILCS 65/5  Municipal Code of the City of Chicago Municipal Code of the City of Chicago Two statutes (and an ordinance)

 37 C.F.R. § C.F.R. §  77 Ill. Adm. Code Ill. Adm. Code Two regulations

 344 F.Supp.2d F.Supp.2d 1203  235 Ill.2d 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  10 th 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 transportation systems) Copyright, patentsForeign relations Armed forcesFederal taxesImmigration Questions about federal lands BankruptcyBanking

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) 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) Jones v. Daniels, 43 Misc.3d 40 (NY 2014) Case, based in state statutory law

 Witkowski v. Blaskiewicz, 162 Misc.2d 66 (NY 1994)162 Misc.2d 66  “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 v. Taylor, 46 N.J. 316, 334, 217 A.2d 1 (1966)State v. Brown,22 N.J. 405, 126 A.2d 161 (1956) 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)Common Law Powers of Federal Courts, 52 U. Chi. L. Rev. 1, 5 (1985) Does this sort of thing happen at the 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 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 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

 me at Questions?