- United States Constitution
- United States Code
- Federal Regulations interpreting U.S. Code (and other agency interpretations)
- Federal Treaties
- Executive Orders
- State Constitutions, Statutes, and Regulations that do not conflict with federal law
- Case Law (though case law at times trumps statutes, regulations, etc.)
- Relevant Non-Binding Materials (Legislative History, Treatises, International Law, Academia, Experts, etc.)
Structure of Courts
Federal State
United States Supreme Court Highest State Court
Circuit Courts of Appeal Intermediate Appellate Courts
United States District Courts State Trial Courts
Plus other federal courts: State Agency Tribunals
Bankruptcy, Federal Claims, (Housing, unemployment, etc.)
Military, Tax, Veterans,
International Trade, and
Federal Administrative Agencies
Most important, be mindful of what jurisdictional law applies. If you are analyzing an issue concerning a real estate transaction that took place in Arkansas, chances are that you will be more interested in Arkansas state law than in federal law. Thus, you should be citing Arkansas statutes and case law, not federal statutes and case law. Just because one legal authority trumps another one does not mean that you should focus on that authority.
Additionally, although many sources of law are more authoritative than case law, case law is often the best indicator of what the law is and how it will be applied since courts inevitably end up being the venue for interpreting, explaining, and adjudicating the law. Courts generally do not make law, but they do help to define the law and they certainly decide what constitutes violations of the law. Thus, even when a statute is on point, you will want to analyze case law to determine how courts interpret the statute.
Most important, be mindful of what jurisdictional law applies. If you are analyzing an issue concerning a real estate transaction that took place in Arkansas, chances are that you will be more interested in Arkansas state law than in federal law. Thus, you should be citing Arkansas statutes and case law, not federal statutes and case law. Just because one legal authority trumps another one does not mean that you should focus on that authority.
Additionally, although many sources of law are more authoritative than case law, case law is often the best indicator of what the law is and how it will be applied since courts inevitably end up being the venue for interpreting, explaining, and adjudicating the law. Courts generally do not make law, but they do help to define the law and they certainly decide what constitutes violations of the law. Thus, even when a statute is on point, you will want to analyze case law to determine how courts interpret the statute.
