Law and legal System of the U. S

by

Law and legal System of the U. S

Introduction

On a daily basis, law courts across the U. S deliver decisions that play a critical role in influencing the lives of the majority of the population. Some of the legal courts contribute to the delivery of statements and rulings affecting only minority of the parties in relation to the legal action. Most of the legal courts offer valuable rulings resulting into adjudication of rights, benefits, and legal principles resulting into significant impact with reference to the American citizens. According to the rule of law, many individuals inevitable accepts the rulings by the court of laws while others question the ruling through appeals in the higher courts or Supreme Court for further prosecution. Despite this notion, all American citizens accept the legitimacy of the laws and the legal system. They also adhere to the motion that the courts have the authority to interpret the legal system and relevant laws in accordance with the demands of the constitution[1].

The origins of the law and legal system of the U. S

The U. S’ legal system has numerous layers in comparison to other nations across the globe. One of the main reasons behind this notion is the distinction or division evident between the federal and state laws. In the understanding of this concept, it is essential to illustrate on the fact that the U. S was never founded as a single nation. During the independence of the U. S, it was a union of 13 colonies thus elements of unique or difference independence from the British Crown. The Declaration of Independence (1776) highlights the effectiveness and free nature of each state. This illustrates the concept of the phrase “good people of these colonies” in relation to appreciation of the independence of each state following the struggle against the British colonial rule[2]. In the legal history of the U. S, there is an illustration of tension between several states and one people thus perennial concept in the legal system.

The adoption and ratification of the constitution in 1787 and 1788 respectively gradually contributed towards the shift of power and relevant authority from the states to the federal government[3]. In the modern context of the U. S, relevant states still maintain substantial authority in relation to apportionment of the jurisdiction between the federal government and the states. According the legal system of the U. S, constitution is the supreme law governing the land. The constitution plays a critical role in the fixation of numerous boundaries with reference to the federal and state law. It also enhances efficiency of the federal government through effective distinction among the executive, legislative, and judicial branches. All the three branches of government contribute to the legal system in unique ways. The constitution determines the law, which the congress can pass in relation to influencing the lives of the citizens of the U. S. The legal system of the U. S rests upon the doctrines and principles of the English Common Law. Despite the fact statutory and constitution laws superseding the common law, several courts continue to adhere to the concept of the unwritten common law to address issues where the constitution and the congress are silent.

Characteristics of the Law and the Legal System of the U. S

There are two types of legal or law system adopted and implemented across the globe: common law system and civil law system. Common law system is mainly associated with the former British colonies. U. S being one of the former British colonies adopts and applies the concept of the Common Law System. One of the features of the common law system is the essence of the constitution and codified laws. The constitution must not always be written. Another feature is the binding nature of the judicial decisions. This indicates that aspect of overturning the decisions of the highest courts is only possible by the same court or through valuable legislative system within the U. S[4].

There is also an extensive freedom in relation to the contracts. This indicates that the legal system of the U. S incorporates few provisions in the contexts of the development and enforcement of contracts by legal systems. Despite this fact, there is strong implication of the laws towards the protection of the private consumers within the economy. Under this legal system, there is permission for activities that are not expressly prohibited by the laws of the land in relation to the constitution. The legal system of the U. S also focuses on the separation of power in relation to the state’s authority and the federal government. The common law system in the U. S is less prescriptive in comparison to the civil law system.

Functions of the law and Systems of the U. S

The legal system of the U. S performs numerous functions towards achievement of significant influence and benefits to the citizens of the nation. One of the main functions of the legal system in the U. S is the cultivation and realization of the existence of order. This is essential for the effectiveness and efficiency of the operations within the nation. The laws and the legal system also contribute towards the provision of quality and essential solutions to the disputes or conflicts within the nation. Courts have the opportunity to handle criminal and civil cases thus the aspect of solving conflicts among different members of the nation. The law and the legal system of the U. S also offer adequate and valuable protection to the citizens and their relevant assets[5].

This relates to the provision of security and protection to the properties and individuals as illustrated in the constitution, which is the supremacy of the federal government. Legal system in the U. S are also essential in the maintenance of the structured operations in relation to civilization. Another role or function of the laws and the legal system of the U. S is the protection of the liberties of civilians in accordance with the demands of the constitution. This is through promotion of the human rights issues such as right to life, right to privacy, and right to security. These protections are identified in the constitutions under the bills of rights. The legal system is also essential in the interpretation of the constitution and other relevant laws constituted by the arms of the government. This is vital in the minimization of the misinterpretation of the concepts of the law and the legal systems. The legal system also ensures that the laws developed are in accordance with the constitution of the land[6]. This is essential through the application of the judicial review by the judicial arm of the government.

Field of the system of law of the U. S through jurisprudence of American federal and state courts and the constitution and legal codes of the republic

The legal system of the U. S is unique in that it integrates the concept of two different courts: federal courts and states courts. Each court system operates in the context of different cases[7]. Despite this notion, none of the courts system is entirely independent. This is because of the collision of their functions and interpretations. Federal court system focuses on the execution of the functions of two types of courts within the U. S. The first type of court in this system is the Article III court[8]. The name relates to the fact that the court draws power from Article III of the constitution. Examples of these courts include U. S District Courts, U. S Circuit Courts of Appeal, and the Supreme Court of the U. S. Other inclusions relate to the two special courts: Court of Claims and Court of International Trade of the U. S. Under the influence of the advice by the senate, the president of the U. S appoints the judges of the Article III courts[9]. The second type of the federal courts exists under the establishment of the congress. These courts include bankruptcy courts, tax courts, court of veterans’ appeals, and magistrate courts. The president appoints the judges of these courts under the advice and consent of the U. S. These courts are also known as Article I or legislative courts.

In the U. S, there are also states courts system to supplement efforts of the federal courts system in solving disputes and maintenance of order. The state courts in most cases consist of two sets of trial courts (trial courts of limited jurisdiction and trial courts of general jurisdictions), two intermediate appellate courts, and three highest state courts[10]. Unlike the federal judges who are appointed for life, the states courts judges serve for stipulated duration. The jurisdiction of the federal courts system focuses on two main areas: federal question and diversity of citizenship. The concept of federal questions focuses on addressing issues such as suits between states, federal crimes, bankruptcy, patent and copyright cases, cases relating to public figures, antitrust, and banking securities and regulations. The operations of the federal and states courts systems must illustrate adherence to the constitution, which is the supreme law within the nation. The courts make their ruling in accordance with the demands of the constitution thus the need to understand and interpret the sections of the supreme law within the U. S[11].

Conclusion

The legal system of the U. S is one of the unique systems across the globe because of the integration or incorporation of the two systems: federal and states systems. Federal and states systems operate on unique sets of cases. Despite this notion, the systems are dependent because of the interaction or concurrent relationship between the federal and states legal systems. The legal system in the U. S draws on the concept and principles of the English Common Laws. The laws functions towards the provision of security to the citizens, adequate solution to the disputes, critical management of civilian issues, and promotion of the human rights under the illustrations of the constitution.

 

 

 

 

 

 

 

 

 

Bibliographies

  1. BURNHAM, WILLIAM. Introduction to the Law and Legal System of the U. S (St. Paul, Minn: West/Thomson Reuters, 2011).
  2. Bureau of International Information Programs U. S Department of State: Outline of the U. S Legal System, 2004).
  3. SCHUBERT, FRANK A. Introduction to Law and the Legal System (Boston: Wadsworth, 2012).
  4. COLE, GEORGE F, and CHRISTOPHER E. SMITH. Criminal Justice in America. Belmont, (CA: Thomson/Wadsworth, 2008).
  5. MEINERS, ROGER E, AL H. RINGLEB, and FRANCES L. EDWARDS. The Legal Environment of Business. (Mason, OH: South-Western Cengage Learning, 2008).
  6. COLE, GEORGE F, SMITH, CHRISTOPHER. The American System of Criminal Justice. (Gardners Books, 2009).
  7. MAY, DAVID C. Corrections and the Criminal Justice System. (Sudbury, Mass: Jones and Bartlett Pub, 2008)
  8. JOHNS, MARGARET Z, and REX R. PERSCHBACHER. The U. S Legal System: An Introduction. (Durham, N.C: Carolina Academic Press, 2007).
  1. [1] Bureau of International Information Programs U. S Department of State: Outline of the U. S Legal System, 2004).
  1. [2] Bureau of International Information Programs U. S Department of State: Outline of the U. S Legal System, 2004).

[3] Bureau of International Information Programs U. S Department of State: Outline of the U. S Legal System, 2004).

  1. [4] Johns, Margaret Z, and Rex R. Perschbacher. The U. S Legal System: An Introduction. (Durham, N.C: Carolina Academic Press, 2007).
  1. [5] William Burnham, Introduction to the Law and Legal System of the U. S (St. Paul, Minn: West/Thomson Reuters, 2011).
  1. [6] Johns, Margaret Z, and Rex R. Perschbacher. The U. S Legal System: An Introduction. (Durham, N.C: Carolina Academic Press, 2007).
  1. [7] May, David C. Corrections and the Criminal Justice System. (Sudbury, Mass: Jones and Bartlett Pub, 2008)
  1. [8] A. Frank Schubert. Introduction to Law and the Legal System (Boston: Wadsworth, 2012).
  1. [9] Cole, George F, and Christopher E. Smith. Criminal Justice in America. Belmont, (CA: Thomson/Wadsworth, 2008).

 

  1. [10] Meiners, Roger E, Al H. Ringleb, and Frances L. Edwards. The Legal Environment of Business. (Mason, OH: South-Western Cengage Learning, 2008).
  1. [11] Cole, George F, Smith, Christopher. The American System of Criminal Justice. (Gardners Books, 2009).

 

Latest Assignments


All Rights Reserved.
Disclaimer: for assistance purposes only. These custom papers should be used with proper reference.
Terms and Conditions | Privacy Policy