Understanding the American legal system can help you find legal resources more efficiently. 

The image above illustrates the three branches of the Federal government. Each state follows the Federal model and has three branches of government, although the names of each branch may differ slightly.

• Legislative branch (Congress or state legislatures)   
  • Promulgates laws
  • Gives authority to executive agencies to develop regulations
• Executive branch (U.S. President or State governors)  
  • Serves as head of state (President or Governor) 
  • Issues regulations through executive agencies
• Judicial branch (Federal or state courts)
  • Issues court opinions that interpret the meaning of law
  • Applies the law to specific fact situations                                  
  • Provides a structure to appeal a lower court opinion to a higher court 

When looking for legal materials, determine jurisdiction and branch of government by THINKING IN TRIANGLES:

Start a search for legal information by deciding who has jurisdiction (is it a Federal, state, or local issue), then decide whether the answer to the question will be found in the statutes, court opinions, or regulations. Once these questions are answered, you can begin to search for appropriate legal resources:

• Statutes (Legislative Branch: Federal or state codes, municipal or county codes)
• Cases (Judicial Branch: Federal or state case reporters)
• Regulations (Executive Branch: Code of Federal Regulations, State Administrative Codes, Local Ordinances)

Legal resources are divided into two categories:

• Primary legal resources are the law and have authority. They include:
  • Constitutions (Federal and state)
  • Statutes (Federal or State codes)
  • Cases (Court Opinions)
  • Rules and Regulations (Code of Federal Regulations or State Administrative Codes)
  • Treaties (Federal only)
• Secondary legal resources provide interpretations and commentary on the law and have minimal or no authority. They include:
  • Law Review and legal journal articles
  • Legal dictionaries
  • Legal encyclopedias
  • Treatises
  • Hornbooks