Legal Definitions - source of law

A source of law refers to any origin point from which legal rules, principles, and authority are derived. These sources provide the foundation for legislation, guide judicial decisions, and shape the legal system. They can be formal documents, established practices, or even the institutions that create and publish legal information. Essentially, a source of law answers the question: "Where does this law come from, what gives it power, and where can I find it?"

Here are some examples illustrating different sources of law:

• Example 1: A New Federal Regulation on Food Safety

  Imagine the Food and Drug Administration (FDA) issues a new regulation requiring specific labeling for allergens in packaged foods. This regulation becomes a source of law. It creates legally binding requirements for food manufacturers and retailers, deriving its authority from a statute passed by Congress that empowered the FDA to ensure food safety. The FDA, as a governmental institution, formulates these rules, and the published regulation is where the specific legal obligations can be found.

• Example 2: A State Supreme Court Ruling on Property Rights

  Consider a state's highest court issuing a landmark decision that clarifies when a property owner can restrict public access to a private beach, balancing private ownership with traditional public use. This judicial decision becomes a significant source of law. Lower courts in that state will refer to this precedent to interpret and apply property laws in similar future cases, demonstrating how judicial rulings establish legal principles that guide subsequent legal analysis and decisions.

• Example 3: A City Charter Defining Local Government Powers

  A city's charter, which is essentially its local constitution, outlines the powers and responsibilities of the city council, the mayor, and other municipal departments. For instance, it might specify that the city council has the exclusive authority to levy local taxes. This city charter is a fundamental source of law for that municipality. It not only establishes the legal framework for local governance but also provides the authority for the city council to enact ordinances (local laws) and for courts to determine if local government actions are within their legal bounds.