Legal Research and Writing

In the United States, laws are made at the federal and state levels. Laws adopted by legislative bodies - Congress and state legislatures - are called "statutes."

The federal and state courts enforce statutes. They also create law.

These materials describe some of the basic concepts of our legal system, and the roles played by legislatures and courts.

FEDERAL STATUTES

The U.S. Constitution gives Congress to power to enact federal laws ("statutes") on certain subjects.

The Copyright Act (discussed extensively in the Copyright Law Summary ) is one example of a statute adopted by Congress. Congress's power to enact the Copyright Act stems from Article I, Section 8, of the Constitution, which authorizes Congress to establish laws giving "authors and inventors the exclusive right to their respective writings and discoveries" to encourage progress in the arts and sciences.

According to the Constitution, all powers not delegated to Congress are reserved to the states. The "commerce clause" of the Constitution (which concerns interstate commerce) is generally viewed as giving Congress broad power to regulate matters affecting interstate commerce - trademarks used in interstate commerce, for example.

Federal law-making begins when a member of the Senate or the House of Representatives introduces a bill. Most bills are referred to standing committees (for example, the House Committee on the Judiciary) and to subcommittees for study. Bills are later brought before the Senate or House for debate and vote. Differences between the Senate and House versions of a bill are resolved in joint conference committees.

After the House and Senate have approved a uniform version of the bill, the bill is sent to the President. If the President signs the bill, it becomes law. If the President vetoes the bill, it becomes law only if the Senate and House override the veto. This requires the consent of two-thirds of the members of the Senate and House.

STATE STATUTES

State legislatures can pass laws on matters for which they share jurisdiction with Congress. Trademark law is an example of a shared jurisdiction. In other matters, the federal government has taken exclusive jurisdiction. Copyright is an example: The Copyright Act prohibits the states from granting copyright-like protection.

States can also pass laws on matters in which the Constitution does not grant jurisdiction to the federal government.

State law-making occurs through a process that is similar to the federal process.

THE COURTS

The courts enforce statutes and interpret them. They also invalidate unconstitutional statutes, and make law in areas not covered by statutes. Here are some examples of the four main roles played by our courts:

Enforcement The Copyright Act gives a copyright owner the exclusive right to reproduce the owner's work. A copyright infringement suit is an example of court enforcement of a statute. (Copyright infringement is discussed in "Infringement," in the Copyright Law Summary )

Interpretation .According to the Copyright Act, the copyright in a work created by an employee within the scope of his or her employment is owned by the employer. The Copyright Act does not define the term "employee." The Supreme Court case that defines the term is an example of court interpretation of a statute. (That case is discussed in the "The Work Made for Hire Rule" in the Ownership of Copyrights Summary )

Invalidation . The courts invalidate unconstitutional laws. Unconstitutional laws are laws that conflict with provisions of the Constitution. The Constitution is the supreme law of the United States. Many "constitutionality" cases involve claims that a law violates the Constitution's Bill of Rights (the first ten amendments). In Roe v. Wade , the Supreme Court invalidated a state statute restricting women's access to abortion. According to the Court, the statute violated a pregnant woman's constitutional right of privacy.

Making Law . The courts create the law for "common law" subject areas. Common law covers areas not covered by statutes. In many states, for example, individuals' rights of privacy and publicity are protected under common law rather than under statutory laws.

Types of Courts

There are several types of courts. The federal and state court systems consist of two levels of courts: Trial courts and appellate courts. Cases are tried in trial courts. Appellate courts review the decisions of the trial courts.

The federal court system is divided into 13 judicial circuits. Eleven of the circuits are numbered. Each of the numbered circuits contains more than one state. The Ninth Circuit, for example, covers California, Oregon, Washington, Idaho, Nevada, Arizona, Alaska, and Hawaii. The 12th and 13th circuits are the District of Columbia Circuit and the Federal Circuit. The Federal Circuit handles appeals in patent cases and Claims Court cases.

Each federal circuit has one appellate court. These courts are known as Courts of Appeals or Circuit Courts. The Supreme Court reviews the decisions of the Courts of Appeals.

Each federal circuit is divided into judicial districts. A district can be as small as one city or as large as an entire state. The trial courts are known as the United States District Courts.

Jurisdiction

The federal courts have jurisdiction over cases involving federal statutes (the Copyright Act, for example) and other "federal questions." They also have jurisdiction over cases in which the party filing the suit and the party being sued reside in different states. This type of federal jurisdiction is known as "diversity" jurisdiction.

Other types of cases must be brought in state court.

Civil and Criminal Cases

A criminal case is brought by the federal government or a state to prosecute a defendant (the party sued) for violations of the government's criminal laws. Murder and burglary are examples of violations of criminal laws. If the defendant in a criminal case is found guilty by the jury, he or she is sentenced by the court to serve a jail sentence or pay a fine as punishment for the