翻訳と辞書 |
United States federal law : ウィキペディア英語版 | Law of the United States
The law of the United States comprises many levels〔See Stephen Elias and Susan Levinkind, ''Legal Research: How to Find & Understand The Law'', 14th ed. (Berkeley: Nolo, 2005), 22.〕 of codified and uncodified forms of law, of which the most important is the United States Constitution, the foundation of the federal government of the United States. The Constitution sets out the boundaries of federal law, which consists of acts of Congress,〔''Ex parte Virginia,'' .〕 treaties ratified by the Senate,〔''Head Money Cases'', .〕 regulations promulgated by the executive branch,〔''Skidmore v. Swift & Co.'', .〕 and case law originating from the federal judiciary.〔''Cooper v. Aaron,'' .〕 The United States Code is the official compilation and codification of general and permanent federal statutory law. Federal law and treaties, so long as they are in accordance with the Constitution, preempt conflicting state and territorial laws in the 50 U.S. states and in the territories.〔William Burnham, ''Introduction to the Law and Legal System of the United States'', 4th ed. (St. Paul, MN: Thomson West, 2006), 41.〕 However, the scope of federal preemption is limited because the scope of federal power is not universal. In the dual-sovereign〔''Gregory v. Ashcroft'', .〕 system of American federalism (actually tripartite〔Tonya Kowalski, "The Forgotten Sovereigns," 36 FSU Law. R. 765 (2009).〕 because of the presence of Indian reservations), states are the plenary sovereigns, each with their own constitution, while the federal sovereign possesses only the limited supreme authority enumerated in the Constitution.〔''United States v. Lopez'', .〕 Indeed, states may grant their citizens broader rights than the federal Constitution as long as they do not infringe on any federal constitutional rights.〔''Pruneyard Shopping Center v. Robins'', .〕〔''California v. Ramos'', .〕 Thus, most U.S. law (especially the actual "living law" of contract, tort, property, criminal, and family law experienced by the majority of citizens on a day-to-day basis) consists primarily of state law, which can and does vary greatly from one state to the next.〔Lawrence M. Friedman, ''A History of American Law'', 3rd ed. (New York: Touchstone, 2005), 307 and 504-505.〕〔Graham Hughes, "Common Law Systems," in ''Fundamentals of American Law'', ed. Alan B. Morisson, 9-26 (New York: Oxford University Press, 1996), 33.〕 At both the federal and state levels, the law of the United States is largely derived from the common law system of English law, which was in force at the time of the Revolutionary War.〔Hughes, 12.〕〔Friedman, 4-5. Professor Friedman points out that English law itself was never completely uniform across England prior to the 20th century. The result was that the colonists recreated the legal diversity of English law in the American colonies.〕 However, American law has diverged greatly from its English ancestor both in terms of substance and procedure,〔G. Edward White, ''Law in American History, Volume 1: From the Colonial Years Through the Civil War'' (Oxford: Oxford University Press, 2012), 48-51.〕 and has incorporated a number of civil law innovations. ==General overview==
抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)』 ■ウィキペディアで「Law of the United States」の詳細全文を読む
スポンサード リンク
翻訳と辞書 : 翻訳のためのインターネットリソース |
Copyright(C) kotoba.ne.jp 1997-2016. All Rights Reserved.
|
|