Sources of Law in the United States and Analysis of the Simkins Case
Overview
This paper examines the four primary sources of law in the United States and applies this framework to analyze the Simkins Case. It discusses how constitutional law, statutes, case law, and administrative regulations function within the American legal system, and provides detailed citations and analysis of the majority and dissenting opinions in the Simkins v. Moses H. Cone Memorial Hospital case involving constitutional discrimination issues.
What this case study covers
- Sources of Law in the United States - overview of four primary sources including constitutions, statutes, case law, and administrative regulations
- Citations for Simkins Case - detailed case citation information including court, title, volume, dates, and decision details
- The Majority and Dissenting Opinions - discussion of Chief Judge Sobeloff's majority opinion and Circuit Judge Haynsworth's dissenting opinion
- Statutes Applied - analysis of the Public Health and Welfare Act and its constitutional implications regarding discrimination
Preview
Simkins Case
Student’s Name
Institutional Affiliation
Simkins Case
Sources of Law in The United States
Laws are the rules that guide the behaviors of people and are intended to maintain law and order. They provide avenues for resolving disputes and ensure that there is justice, peace, and a well-functioning society. There are four main primary sources of law in the United States, which are the state and federal constitutions, the state and federal statutes, administrative regulations, and case law (Sources of Law in the United States, n.d.). The constitution is the fundamental source of law. It is a charter that establishes the government and the rules under which the government must run. The state constitution is also used as a source of law and may grant greater rights than those secured by the federal constitution. The second source of law in the American legal system is the federal and state statutes. These are statements of law enacted by the state or federal legislatures (Hage, 2017).
The statutes passed by the legislature are categorized into subjects and published in a code. Court opinions are also used as sources of law. The courts interpret policies or laws created by the legislature and the executive arm of government. The statutes that are deemed unconstitutional by the courts are not applicable. While the courts can create common law, the legislature has the power to amend or abolish these laws.