(Atlantic City,
NJ)- If you are in the United States
of America, your reading this blog, I
can safely assume that you are interested in understanding the Statutes of
these United States of America. A
"statute" can be defined as an act of the legislature declaring,
commanding, or prohibiting something; a particular law established by the will
of the legislative department of government.
The authorities of
law within the jurisdictions of the U.S. may be divided into two categories or
divisions other than God's law and man's law as I previously pointed out, and
those divisions are termed "primary" and "secondary" law.
Primary Law is found
within written constitutions and the enactment of legislatures (and in some
jurisdictions through the vote of their electorates); rulings and regulations
issued by authorized administrative bodies; and the body of law found in the written
opinions of the courts. An easy way to remember it is by looking at the United
States first as a whole, and the nation is formed by the Constitution, which
allow there to be a government.
After looking on the
national level, in the case of the U.S.
We think Federal law which goes from coast to coast. But then there are the individual States
which make up the nation and for separate jurisdiction that kinda want to be
left alone. So we get State law, the state constitutions allow counties to be
formed in which there are cities. Hence
statutes of a state, regulations of a county such as zoning laws, then city
ordinances.
If you are dealing
with constitutions, legislation, or decisions of the highest court of a
jurisdiction you are dealing with what's known as "Mandatory primary"
laws. One arriving at JFK airport in New
York from lets say Cuba, and being arrested for violating our nations drug laws
would receive a charge for violating a Federal Statute, and the decisions of
the Supreme Court of the United States holds the most weight and must be
followed.
Beyond the primary
sources of the law above attorney's and courts use many other types of law
books that a pro se litigant must become familiar with. These include treatises, periodicals and
journals, form books, and citators make up and or complete the secondary
sources of the law.
Join me next time
when I will discuss what I've learned about legal research. Thanks for
viewing. EDH Pro se!
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