Chapter 2: U.S. Legal Framework
Sources of Law in the United States
U.S. law flows from many sources: constitutions, legislation, case law, contract law, tort law, agency regulations, and consent decrees. Privacy obligations can arise from any of them.
The numerous sources of law in the United States include federal and state constitutions, legislation, case law, contract law, tort law, regulations issued by agencies, and consent decrees. A single privacy obligation can stem from more than one source at once.
- Constitutions - the supreme U.S. Constitution plus state constitutions
- Legislation - statutes passed by Congress and state legislatures
- Case law - final decisions made by judges
- Contract law - legally binding agreements between parties
- Tort law - civil wrongs giving grounds for lawsuits
- Regulations and rules - issued by agencies under delegated authority
- Consent decrees - court-approved settlements
Key terms - quick answers
What is “Sources of law”?
Federal and state constitutions, legislation, case law, contract law, tort law, agency regulations, and consent decrees.