> For the complete documentation index, see [llms.txt](https://jennyrice.gitbook.io/wrd-418-legal-writing/llms.txt). Markdown versions of documentation pages are available by appending `.md` to page URLs; this page is available as [Markdown](https://jennyrice.gitbook.io/wrd-418-legal-writing/chapter-1-legal-authorities-and-sources-of-law/sources-of-law-and-the-court-system.md).

# Sources of Law and the Court System

## <mark style="color:blue;">1.</mark> <mark style="color:blue;"></mark><mark style="color:blue;">**Sources of Federal Law**</mark>&#x20;

We often only think about "the law" as handed down by judges, but there are *far* more sources of law than just cases. The United States has three branches of government: the Executive branch, the Legislative branch, and the Judicial branch. All three branches make laws. In this chapter, we're going to focus on sources of federal law and the court system. &#x20;

<div align="left"><figure><img src="/files/3GawG1AcGaMGJeLbVgTA" alt="" width="563"><figcaption></figcaption></figure></div>

* **The United States Constitution** is the highest source of federal and state law
* **Legislative Branch**&#x20;
  * **Congress makes statutes that are recorded in**
    * United States Code (U.S.C.)
    * United States Code Annotated (U.S.C.A.)
* **Executive Branch**
  * **Presidential Executive Orders**
  * **Executive Agencies Regulations that are recorded in**
    * Federal Register (F.R.)
    * Code of Federal Regulation (C.F.R.)
* **Judicial Branch**
  * **Federal Courts make case law decisions that are written in**
    * U.S. Reports (U.S.)
    * Supreme Court Reporter (S. Ct.)
    * Federal Reporter (F. / F.2d / F.3d)
    * Federal Supplement (F.Supp.)

{% hint style="success" %}
**Each state within the United States also has a similar governmental setup.**&#x20;
{% endhint %}

***

### <i class="fa-book-section">:book-section:</i> <mark style="color:$primary;background-color:$primary;">**The Federal Legislative Branch**</mark>

&#x20;Congress passes laws (aka "codes") that are codified in the[ United States Code (U.S.C.)](https://uscode.house.gov/), which is arranged in 54 titles.

### <i class="fa-briefcase-blank">:briefcase-blank:</i> <mark style="color:$primary;background-color:$primary;">**The Executive Branch**</mark>

The Executive branch includes not only the President, but also administrative agencies that enforce the laws passed by Congress. Administrative regulations are laws that these agencies create in order to enforce the law, with even more detail. These regulations are codified in the [Code of Federal Regulations (C.F.R.)](https://www.ecfr.gov/), which contains 50 titles.&#x20;

### <i class="fa-scale-balanced">:scale-balanced:</i> <mark style="color:$primary;background-color:$primary;">**The Federal Judicial System**</mark>&#x20;

The U.S. judicial system features a dual court system comprising a **federal court system** and the **state trial courts in each of the fifty states.** On **both the federal and state sides**, the U.S. Supreme Court is at the top and is the final court of appeal.&#x20;

<details>

<summary><mark style="background-color:$primary;">About the <strong>federal level judicial system</strong></mark></summary>

[**District Courts** ](https://www.uscourts.gov/about-federal-courts/court-role-and-structure/about-us-district-courts)serve as the usual point of entry to the system. There are 94 federal judicial districts. There is at least one district court in each state, and the District of Columbia. District Courts hear both criminal and civil cases.&#x20;

If a federal case enters appeal, it then moves on to [**Courts of Appeal (also called Circuit Courts).**](https://www.uscourts.gov/about-federal-courts/court-role-and-structure/about-us-courts-appeals)  The 94 district courts are organized into 12 regional circuits. Each circuit has its own court of appeals that reviews cases decided in U.S. district courts within the circuit. These appellate courts do not retry cases or hear new evidence; they do not hear witnesses testify; and there is no jury.

A case heard in Circuit Courts might eventually move on to the **United States Supreme Court**, which is the highest federal court.&#x20;

<figure><img src="/files/rM1o8gFKaEFHE35OhUSS" alt=""><figcaption></figcaption></figure>

</details>

<details>

<summary><mark style="background-color:$primary;">About the state level judicial system</mark> </summary>

At the state level, cases begin in **state trial courts.** If a case then enters appeal, it then moves on to **appellate courts** (including the **State Supreme Court**). When cases from a state's  Supreme Court are successfully appealed, they can then be heard by the United States Supreme Court

<figure><img src="/files/lgVTBwUOEZBQVgffEkuO" alt=""><figcaption></figcaption></figure>

</details>
