This introductory message is aimed at the layperson interested in understanding the laws of the State of Oklahoma. Oklahoma is structured like the other states in the union. There is a formal written state Constitution that is the bedrock foundation of all other law in the state. All of the laws and regulations of the state government spring from this source.
When we think of ‘laws’ the most obvious example are the laws enacted by the Legislature and signed by the Governor. These laws are called statutes. Oklahoma Statutes are divided loosely by topic into 85 titles. Each title is divided into sections. These can be found online here. The proper way to cite a particular section of law is to give the number of the title, the abbreviation “O.S.” which stands for “Oklahoma Statutes” and then the section number. Usually the section symbol “§” (which is just two ‘s’es stacked on top of each other) is placed before the number of the section. Sometimes the abbreviation ‘sec.’ is used instead. Thus, the citation “12 O.S. §2” refers to title 12 (Civil Procedure) of the Oklahoma Statutes at section 2. This is the statute which refers another area where laws are created; “common law” or court created laws. Here’s what it says:
When we think of ‘laws’ the most obvious example are the laws enacted by the Legislature and signed by the Governor. These laws are called statutes. Oklahoma Statutes are divided loosely by topic into 85 titles. Each title is divided into sections. These can be found online here. The proper way to cite a particular section of law is to give the number of the title, the abbreviation “O.S.” which stands for “Oklahoma Statutes” and then the section number. Usually the section symbol “§” (which is just two ‘s’es stacked on top of each other) is placed before the number of the section. Sometimes the abbreviation ‘sec.’ is used instead. Thus, the citation “12 O.S. §2” refers to title 12 (Civil Procedure) of the Oklahoma Statutes at section 2. This is the statute which refers another area where laws are created; “common law” or court created laws. Here’s what it says:
Section 2 - Common Law to Remain in Force in Aid of General Statutes
The common law, as modified by constitutional and statutory law, judicial decisions and the condition and wants of the people, shall remain in force in aid of the general statutes of Oklahoma; but the rule of the common law, that statutes in derogation thereof, shall be strictly construed, shall not be applicable to any general statute of Oklahoma; but all such statutes shall be liberally construed to promote their object.
Statutes set out the law, but sometimes they are vague, contradict another statute, or conflict with the state or federal Constitution. Other times there may be a controversy between individuals before the court where there is not an applicable statute (think of technology advances, for example). The court must create some sort of answer to the conflict, it cannot simply tell these individuals “There’s no law here, so… good luck.” Under common law, the court has power to fill the ‘gaps’ between the statutes when there are none that apply, or to define the terms of a statute when there is any lack of clarity. The legislature may come along after and change the court-made law with a statute. Often, though, the legislature will make laws intentionally broad and allow the court to fill in the particulars with real-world examples.
In order to avoid having the same questions come before the court again and again, the appellate courts publish some of their rulings, called opinions. All of the published opinions of the Oklahoma appellate courts can be found here. These opinions set forth the facts of the case before the court, the question (or questions) of law that were previously unclear, and the court’s ruling of what the new rule or interpretation is along, perhaps, with some of the reasons why. The published opinions of the court are binding on all lesser courts, who should rule on similar matters in the same way. A later post will explain the Oklahoma appellate courts in greater detail.
The final source of ‘law’ in Oklahoma are the regulations of the various state agencies. State agencies fall under the executive branch, but have a limited amount of executive, legislative and sometimes judicial authority. All of the regulations of all of the administrative agencies in the state of Oklahoma can be found here. When a given topic will require a significant technical knowledge in order to make appropriate rules, the legislature establishes an agency to handle that topic and gives them authority to set up regulations or rules that have the effect of law. This is how, for instance, the Oklahoma Department of Environmental Quality comes to set rules and regulations regarding water and sewage that have the force of law. Rather than debating specific technical requirements for septic tank systems in the state House and Senate by legislators who probably know nothing about the underlying trade, technical experts are hired to establish these rules and enforce them. All of the regulations of all of these departments are subject to legislative review, and the legislature can force them to be changed if they so choose. If an agency wishes to enforce its rules it may need to use the regular courts to do this. However, within many of these agencies are special courts to handle enforcement matters. Again, these are loosely under the review of the Oklahoma judiciary in that decisions of the agency-based courts can be appealed into the regular court system.
And so it is that each branch of the government is capable of ‘making laws’. The legislature can pass bills to create statutes. The judiciary can clear up conflicting statutes, refine broad statutory language, create rules when the statutes do not provide a rule, and can test statutes against the Constitution. The executive can make rules and regulations through administrative agencies. With all of these pieces in motion, it should not come as a surprise that when you ask a lawyer “What is the law on…?” that most often his answer will begin, “It depends…”
