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In the USA statutes must be in keeping with the constitutions – federal and state – and the courts can overrule a statute that is found to violate constitutional provisions. 1_______. Also included under this heading are treaties that by the federal constitution are also a part of the law of the land. 2_______. It is nor proper to call this “unwritten” law because it is in fact in writing. 3_______. When a court decides a case, particularly upon an appeal from a lower-court decision, the court writes an opinion setting forth among other things the reasons for its decision. From these written opinions rules of law can be deduced, and these make up the body of what is called case law or common law. 4_______.
Statutes and constitutions are classified as “written law”.
Case law, as opposed to written law, is not set forth formally but is derived from an analysis of each case that uncovers what legal propositions the case stands for.
However, it must be distinguished from statutory law in that it is not the product of the legislature but is rather the product of the courts.
The basic characteristic of the common law is that a case once decided establishes a precedent that will be followed by the courts when similar controversies are later presented.
