The Basics of Finding the Law

This is a quick overview of where to find the "law."

This is a quick overview of where to find the "law." This article is divided by the branches and levels of government. There are usually multiple sources of law that you must consider at the same time. Read all of the available law on the subject from all different sources. Look at how laws at different levels of government interact with each other. When you are starting to research a legal topic, it is often a good idea to being by using a secondary source. Learn more about legal research.

 

What is the Law? from the Maryland Courts

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Federal (National) Law

Legislative Branch

Executive Branch

  • The executive branch of the Federal Government is responsible for enforcing the laws made by Congress.
  • Executive branch agencies and departments make regulations to implement and enforce the laws.
  • The Federal Register is the official publication for the federal government’s administrative agencies. It is published every business day and includes updates, rules and proposed rules as well as notices.
  • Learn more about finding regulations.

Judicial Branch

  • The judicial branch is responsible for interpreting the laws enacted by Congress.
  • Judges may interpret a law or statute by considering the legislature's intent or goal when the law was created and passed the law. These interpretations and other judicial decisions are called case law (also sometimes referred to as common law or judge made law).
  • Case law is usually found in documents called Opinions, which are explanations for why the judge decided the case the way they did.
  • The federal district courts are the courts where federal cases are filed first. There are 94 federal judicial districts. The Districts are organized into 13 circuits: 11 regional Circuits, the D.C. Circuit, and the Federal Circuit. Each Circuit has a U.S. Court of Appeals to hear appeals from the District Courts located within their circuit.
  • Court cases in the federal system are appealed to one of the 13 United States Circuit Courts of Appeals.  Maryland is in the 4th Circuit. More about the Circuit Courts of Appeals.
  • The United States Supreme Court only accepts cases of the highest importance. More about the Supreme Court. 
  • Learn more about finding case law.

 

State of Maryland

Legislative Branch

Executive Branch

  • The executive branch of the state government contains a variety of agencies and departments that make regulations to help implement Maryland law.
  • Not all states list their administrative regulations on the internet.
  • Proposed and final regulations, executive orders, Attorney General opinions, and agency hearing and meeting notices are published in the Maryland Register.
  • Learn more about finding regulations.

Judicial Branch

  • The judicial branch is responsible for interpreting the laws made by the General Assembly.  It handles civil and criminal court cases.
  • State Judges make their decisions based on what they believe was the state legislature's intentions for enacting the law.
  • State rules and regulations may differ from those of the Federal government; however, they may not undermine federal authority.
  • Do not overlook the importance of the rules (procedures) required by the state courts. If one does not follow the proper procedures, your case can be dismissed without having your "day in court." Therefore, read and understand the rules of the courts and follow them.
  • The Maryland District Courts handle landlord-tenant cases, motor vehicle, misdemeanors, some felonies, and all civil cases for amounts less than $5000. District Court opinions are not found online.
  • The Maryland Circuit Courts handle all major civil cases, most serious criminal matters, and appeals from the District Court.
  • The Appellate Court of Maryland (formerly the Court of Special Appeals) reviews appeals from the Circuit Courts.
  • The Supreme Court of Maryland (formerly the Court of Appeals) is the highest court in Maryland and hears only the cases it deems most important.
  • Learn more about finding case law.

 

Local Government

Legislative Branch

  • Local government legislatures consist of city and county councils. Their job is to make local laws and ordinances.
  • There are twenty-four main local jurisdictions in Maryland (twenty-three counties and one municipality Baltimore City).
  • In addition, one-hundred-fifty-seven(157) towns and cities have their own governments.
  • All cities and counties in Maryland maintain a code of their local laws and ordinances. Many of these codes cannot be found online.
  • If you are searching for your local code, check your city or county's website. You may need to contact them directly to get a copy.
  • The Thurgood Marshall State Law Library's website includes links to local codes that are available online.

Executive Branch

  • The executive branch of city or county governments make some regulations to help implement local laws.
  • These regulations are usually not found online.
  • To find more specific information on local regulations, it is best to go to the city or county website.  A list of these sites can be found here.

Judicial Branch - Local governments do not maintain separate court systems.

 

How to Research the Law: Getting Started from the Maryland Courts.

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