In the US there are three types of laws:
Statutes (Legislation)
- Legislation Congress empowered to clarify or define constitutional rights
- States responsible for education
- Federal role focused on protecting rights and guaranteeing equity (e.g. ADA, ESEA, McKinley Act)
- Federal Government enforces interests by controlling funding Federal Legislation
Regulations (Administrative)
- Agencies administer programs, distribute funds, identify goals, and provide technical support to state and local agencies
- Proposed regulations announced publicly, with 30-90 day period for public comment
- Agencies include DOA, DOD, DOEd, EPA, DOJ, DOL, and HHS
Cases (Common Law)
- Purpose: to resolve adversarial disputes
- Superior courts hear cases referred by lower (trial) courts on appeal, or cases involving constitutional interpretation
- Supreme Court reserves the right not to hear a case if insignificant or inappropriate
- Courts either agree with established precedents (“stare decisis”) or overrule prior decisions
- Appellate courts can agree with the facts held by lower court but still recommend reconsideration (“remand”)
- Supreme Court often recommends Congress to amend constitution
- State courts rule on procedures specific to the state
- Highest court usually called State Supreme Court or Supreme Judicial Court
- New York supreme court called the Court of Appeals