Introduction to Law Resource Guide

Brief History of Law

Law is defined as “a binding custom or practice of a community; a rule of conduct or action prescribed or formally recognized as binding or enforced by a controlling authority,” according to the Merriam-Webster Dictionary. It’s origins date back as far as Ancient Egypt in 3000 BC when the laws of the land contained a civil code that addressed tradition, social equality and impartiality. Over the centuries, laws around the world have been written and re-written to adapt to changing social circumstances, but the concept of binding and enforcing rules that the general population must follow has remained the same.

• The History of Law: A brief, yet comprehensive look at the history of law at the global level.
• The Origin of Law: An article examining the origins of law, tracing it back to the Bible.
• The Origins of the Rule of Law: The origins and reasoning for law from the perspective of liberty.
• History of Justice: The American Academy of Psychiatry and the Law examines the History of Justice dating back to sixth century Athens.
• Medieval Legal History: A complete resource of articles exploring medieval legal history, presented by Fordham University.
• Legal History on the Web: Fantastic resource of journals, blogs, guides and more that provide endless details on legal history, provided by Duke University.

American Common Law

Modern-day law in the United States does not often reference American common law. American common law can be defined as the body of governing principles developed by the common-law courts developed in England. The goal of common law was to protect the rights of individuals to property and exercise authority to hear and decide questions of both law and fact. Common law dealt with legal relationships, liabilities and even theoretical definitions of abstract legal concepts. It also honored impartiality through a judge in a court.

• American Legal History: A summary and list of documents examining the history of law in the United States.
• The Common Law and Civil Traditions: The University of California at Berkeley looks at the history of both common law and civil law.
• Description and History of Common Law: An in-depth look at the origins of English and American common law.
• The Origins of Common Law: This PDF presented by Columbia University provides an in-depth look at common law in England.
• Reception of English Common Law: An exploration of way English common law was received when introduced to the American colonies.

The U.S. Constitution

The U.S. Constitution was created in 1787 after the Federal Convention determined that, rather than revising the Articles of Confederation as originally intended on May 14, members would instead draft an entirely new frame of government. The goal of the U.S. Constitution was to outlaw some practices that were allowed under English common law. It helped to determine how much power would be granted to the central government, how many representatives in Congress would be granted to each state and how the representatives would be elected. In the Constitution were checks and balances (Articles 1,2 and 3), which created the separation of powers known as the three branches of government. The idea behind the three branches was to ensure no branch of government was given too much power. Also, over time, a distinction was made between federal, state and local laws, providing states and smaller cities, towns, counties, districts, etc. the power to create and manage their own laws.

• The Articles of Confederation: A summary of the history of the Articles of Confederation.
• Constitution of the United States: The government’s comprehensive history of the United States Constitution.
• A Summary of the U.S. Constitution: The Preamble and the 7 Articles of the U.S. Constitution.
• Creating the United States Constitution: A step-by-step look at how the U.S. Constitution was created.
• Transcript of the Constitution of the United States: A complete transcript of the U.S. constitution.
• United States Constitution: Historical documents associated with the United States Constitution.

Three Branches of Government: Legislative, Executive and Judicial

The three branches of government were created under the U.S. Constitution. To avoid a totalitarian system of governance that was imposed on colonial America by the British, checks and balances were created. Those Checks and Balances took the form of the executive branch, legislative branch and judicial branch. The executive branch consists of the president, vice president and cabinet-level members (including State, Defense, Transportation and Education. This branch ensures laws are carried out and enforced to help the nation function on a day-to-day basis. The legislative branch consists of the Senate and House of Representatives (Congress) and is responsible for running the federal government while providing assistance to the 50 states. The judicial branch consists of the U.S. Supreme Court as well as lower federal courts. The primary function of this branch is to hear cases that may challenge or require interpretation of legislation.

• The U.S. Government: A summary of the three branches of the U.S. government, along with links to more in-depth descriptions of each.
• Federal Legislative History: The history of legislation in the United States from the Duke University School of Law. Resource also provides links to additional information on legislation history.
• Checks and Balances: An overview of the concept of checks and balances—the foundation of the branches of government.
• The Executive Branch: A breakdown of the executive branch, provided by the White House.
• The Judicial Branch: Summary of the creation and responsibilities of the judicial branch, provided by the White House.

Levels of Law: Federal, State and Local Laws

In the United States are three levels of law: federal, state and local. Federal law originated with the U.S. Constitution and is managed through the three branches of government that make, enforce and interpret the law. Aside from federal law, the 50 states are viewed as separate sovereigns that have their own constitutions, governments and courts. They have the power to make laws that aren’t already preempted by the U.S. Constitution, federal statutes or international treaties. Unless interpretations of state laws present a federal issue, state supreme courts are their interpreters.

In each state are townships, counties, cities, agencies and special districts that have been granted lawmaking powers. These local entities all have statutes, regulations and ordinances that are subject to judicial interpretation. Citizens who live in major metropolitan areas may live under as many as six special districts, towns or cities that make them subject to the rules of dozens of different agencies at all three levels of the law.

• Understanding State Laws vs. Federal Laws: A look at the definitions of state vs. federal laws and their inherent hierarchy.
• State and Local Governments: The White House summarizes state and local governments, showing their similarities and differences.
• Understanding Federal and State Courts: Breakdown of the judicial system at the federal and state levels.
• Laws and Regulations: Complete guide to federal, state and local laws, provided by the federal government.
• State and Local Law News: The American Bar Association provides news related to state and local laws.

The Types of Law: Procedural and Substantive

Law in the United States is broken into two types: procedural and substantive. Procedural law controls the procedure followed by courts, as well as parties to legal cases. It is divided into two categories: criminal and civil procedure. Experts note that criminal procedure is primarily based on the principle of balance, or the scales of justice. This procedure is said to bring balance to criminal law through the goals of acquitting the innocent and convicting the guilty and provides the foundation for law enforcement and prison systems. Civil procedure governs all judicial proceedings that involve lawsuits between private parties. In 1938, the country adopted the Federal Rules of Civil Procedure, which many states have modeled their own civil procedure behind.

Substantive law, which defines legally enforceable rights and duties, encompasses criminal law, contract law and tort law. Criminal law involves the prosecution of the state of wrongful acts and can result in incarceration. It breaks down crimes into felonies and misdemeanors, and includes fines, probation and prison sentences. While most criminal law is prosecuted and punished at the state level, some crimes can be deemed federal, including mail theft, evasion of federal income tax payments and interstate crimes like drug trafficking. Contract law covers obligations that have been established by agreement between private parties and can involve lawsuits or arbitration. Tort law typically covers civil action between private parties arising from, but can cover all wrongs that humans can inflict upon each other.

• Procedural Law: Definition and overview of procedural law.
• The Procedural Foundation of Substantive Law: A look at the correlation between procedural and substantive law.
• Criminal and Civil Procedure: Princeton University examines the differences between criminal and civil procedure.
• Criminal Law: An Overview: A comprehensive look at criminal law provided by Cornell University Law School.
• An Overview of U.S. Contract Law: The University of Texas at Austin School of Law’s examination of contract law.
• Theories of Tort Law: Definition of tort law along with an overview of its basic features and examination of its theoretical perspectives.

Criminal Justice and Law Enforcement

Criminal justice in Colonial America was derived mostly from English Common Law, but became more complex and ultimately resulted in the natural state of checks and balances seen in today’s criminal justice system. Originally, the jury was to decide “the facts of the law” while serving as an informal reform of the system. After receiving inconsistent results from this process, “rules of evidence” were strengthened. Law enforcement is one component of criminal justice (the others are prosecution, judiciary and corrections). Law enforcement agencies exist at the local, state and federal levels and all include municipal police departments, sheriff’s offices and state and federal law enforcement agencies. At the federal level, the Federal Bureau of Investigations (FBI) and Drug Enforcement Administration (DEA) serve as two arms of law enforcement.

• National Criminal Justice Reference Service: Complete reference for criminal justice topics, surveys and reports provided by the federal government.
• History of the American Criminal Justice System: The history of various aspects of the American criminal justice system, provided by Anthem College.
• History of Law Enforcement: A look at the history of law enforcement, starting with the Duke of Normandy in England.
• Federal Law Enforcement Agencies: A full list of federal law enforcement agencies, as well as links to those agencies’ sites.
• Types of Law Enforcement Agencies: This site looks at the types of law enforcement agencies found at the federal, local and state levels.
• The Criminal Justice System as a Counterterrorism Tool: A look at one role of the criminal justice system, provided by the U.S. Department of Justice.

Law Specifications and Fields of Study

Over the centuries, laws in the United States have expanded significantly, creating the need for numerous law specifications. Now, anyone who is interested in studying the field of law may find themselves getting involved in one or more specific branches. According to the Princeton Review, some of the most popular law specifications include, but are not limited to, intellectual property law, patent law, constitutional law, first amendment law, criminal law, admiralty law, business law, environmental law and health care law. Individuals also have the option of taking part in joint degree programs that allow students to learn about one or more law specifications jointly while pursuing both a Juris Doctor (J.D.) and Master’s degree simultaneously. People who are interested in becoming more involved in criminal justice or law enforcement can typically earn a four-year degree from a college or university, or contact a law enforcement agency directly to learn steps are needed to apply.

• Law Specifications: A breakdown of law specifications for law students looking to specialize their field.
• Fields of Law: Additional fields of study and career options for individuals looking to pursue this field.
• Types of Law Degrees: A summary of the types of law degrees available to students.
• The Difference Between JD and LLM Degrees: A brief overview of the differences between the Juris Doctor (JD) degree and Master of Law (LLM) degree.
• Law School Q&As: Q&As for individuals looking to apply to a number of law schools, including Northwestern University and Boston University.
• Criminal Justice Degree: A comprehensive look at the field of criminal justice and what is involved in obtaining a degree.
• Paralegals and Legal Assistants: Information for individuals who want to participate in the legal field as paralegals and legal assistants.

Additional Legal Resources

• Laws and Regulations: Links to various federal laws and regulations provided by the U.S. government.
• Understanding Legal Understanding: A Yale essay that breaks down legal understanding and the effects legal understanding have on the country.
• Law—Understanding Statutes, Regulations and Jurisdictions: A complete overview of various aspects of the law, including statutes, court cases, regulations, constitutions and jurisdictions.
• How a Bill Becomes a Law: A look at the legislative process and the steps involved in a bill becoming a law.
• Can a Law Change a Society?: The New York Times examines the impact one law can have on the fabric of a society.
• Events Affecting the Constitution: A list of various court cases and events that have shaped how the U.S. Constitution is interpreted and viewed by the public.