Law of New York (state)

The Law of New York (state) encompasses the entire body of legal rules, regulations, and precedents that govern the state of New York. This includes constitutional law, statutory law, administrative law, and common law as developed by the courts.

• Constitution: The New York State Constitution is the foundational document, outlining the structure of the state government, defining its powers, and guaranteeing certain rights to its citizens. It is a separate document from the United States Constitution, although many of the principles are similar.

• Statutory Law: Statutory law consists of laws enacted by the New York State Legislature, which is composed of the Senate and the Assembly. These laws cover a broad range of topics, including criminal law, civil law, business law, environmental law, and family law. These statutes are codified and organized into various consolidated laws.

• Administrative Law: Administrative law governs the activities of administrative agencies of the New York state government. These agencies have the power to create and enforce regulations, conduct hearings, and issue licenses.

• Common Law: Common law, also known as case law, is developed by the courts through judicial decisions. It is based on the principle of stare decisis, which means that courts generally follow precedents set by previous decisions in similar cases. The Court of Appeals is the highest court in New York and its decisions are binding on all lower courts in the state.

• Court System: The New York state court system is a multi-tiered system. Lower courts, such as district courts and city courts, handle less serious cases. County courts have jurisdiction over criminal and civil matters. The Supreme Court is a trial-level court with broad jurisdiction. The Appellate Division of the Supreme Court is the intermediate appellate court, and the Court of Appeals is the final appellate court.

• Sources of Law: Legal researchers can access New York law through various sources, including the official New York Codes, Rules and Regulations (NYCRR), McKinney's Consolidated Laws of New York Annotated, and online legal databases. Court decisions are published in official reporters.

• Legal Practice: The practice of law in New York is regulated by the state's Unified Court System and the various bar associations. Attorneys must be licensed to practice law in New York and are subject to ethical rules and disciplinary procedures.