Primary Sources of U.S. Law Diagram

Constitution

Defines what rights are guaranteed to citizens and organizes the government into three separate branches

U.S. Constitution

Ohio Constitution

State constitutions may afford more rights, but not less, than the U.S. Constitution.

Legislative Branch

Statutes:

In modern times, criminal offenses must be delineated by statute. Civil causes of action may derive from statutes or common law (case law). For example, employment discrimination is prohibited by statute, whereas negligence is a common law cause of action. Statutes may elaborate upon common law causes of action (ex. Contributory Fault, ORC 2315.33).

Statutes may govern court proceedings, in addition to Court Rules.

Federal
Ohio
Municipal Ordinances

 

Judicial Branch

Cases:

Written opinions by the judge. May interpret statutes, regulations or constitution(s).

Federal
Ohio

 

 

Court Rules:

Federal Court Rules - Civil Procedure, Evidence, etc.
Ohio Court Rules - Civil Procedure, Evidence, etc.

Executive Branch (Agencies)

Constitution/Statutes create administrative agencies. Statutes provide the power and procedure to create regulations and/or issue adjudicative decisions.

Regulations:

Give precision to vague statutory language.
Federal
Ohio

Administrative Decisions:

Written opinions by an agency to enforce legislative/regulatory standards. Often appealable to a trial court in the judicial branch. Federal
Ohio

 

Created for Cleveland Marshall College of Law Library Orientation, 2009

SA, 5/2009