Written by attorneys · grounded in primary & secondary sources — see below
2 senses
1
The body of law that governs relations between private individuals and the government together with the structure and operation of government itself.
2
statutory
A statute enacted for general application to the public at large rather than for the benefit of particular persons.
Each sense below has its own examples, sources, and questions.
Sense 1
1
Sense 1
The body of law that governs relations between private individuals and the government together with the structure and operation of government itself.
Examples5
Entrapment by Undercover Officer
Perry Pratt taught an online course while facing financial strain. An undercover officer posing as a student repeatedly assured him that selling exam answers constituted permitted tutoring under university rules. After weeks of persuasion Perry accepted payment for the answers. The court applied public law principles governing official inducement to decide whether the government conduct created a substantial risk that a person not ready to offend would commit the crime.
State Employee Wage Rules
Sense 2
2
statutory
A statute enacted for general application to the public at large rather than for the benefit of particular persons.
Frequently Asked1
What makes a statute a public law rather than a private law?+
A public law applies generally to the public at large. A private law benefits only a specific individual or small group. Congress designates each enacted bill accordingly.
Piper Patel worked as a driver for a city transit authority. Federal wage and hour statutes required overtime pay. The authority claimed immunity as a traditional state function. The court applied public law principles to determine whether Congress could regulate the wages of employees performing governmental services.
Garcia v. San Antonio Metropolitan Transit Authority469 U.S. 528 (1985)
Legislative District Challenge
Paula Pierce sued state officials alleging that legislative districts diluted her vote. The complaint asserted that the apportionment violated equal protection. The court examined whether the claim presented a justiciable controversy under public law standards governing the political process.
Baker v. Carr369 U.S. 186, 211
Consent Decree Intervention
Patricia Patel sought to intervene in an employment discrimination suit settled by consent decree. The decree altered hiring practices that affected her promotion prospects. The court considered whether public law rules on intervention permitted her to challenge the decree after entry.
Martin v. Wilkes490 U.S. 755, 762 n.2 (1989)
Federal Wage Mandate Dispute
Pilar Pena operated a municipal sanitation department subject to federal minimum wage requirements. The city argued that the mandate invaded traditional state functions. The court applied public law analysis to decide whether the federal statute could displace state control over core governmental operations.
National League of Cities v. Usery426 U.S. 833 (1976)
Frequently Asked2
How does public law differ from private law?+
Public law addresses relations between individuals and the government and the structure of government itself. Private law governs relations among private parties. The distinction determines whether enforcement proceeds through public officials or private litigants.
When may a public law school condition recognition of student groups?+
A public law school may require recognized groups to accept all students under a viewpoint neutral all comers policy reasonably related to its educational mission.
369 U.S. 186, 211Constitutional Law
…State of Tennessee, with his office in Nashville, Tennessee, and as such official, is charged with the duties set forth in the public law enacted by the 1959 General Assembly of Tennessee creating said office. "Defendant, Dr. Sam Coward, James Alexander , and Hubert Brooks are the duly appointed and qualified members…