The American system is a “common law” system, which relies heavily on court precedent in formal adjudications. In our common law system, even when a statute is at issue, judicial determinations in earlier court cases are extremely critical to the court's resolution of the matter before it.
common law system of English lawAt both the federal and state levels, the law of the United States was mainly derived from the common law system of English law, which was in force at the time of the Revolutionary War.
0:5839:18Overview of the American Legal System - YouTubeYouTubeStart of suggested clipEnd of suggested clipSo just to give you an illustration of how this works it means that anywhere that you are within theMoreSo just to give you an illustration of how this works it means that anywhere that you are within the United States you are subject to more than one system of laws.
In America, our law system came from Great Britain. The settlers of the original thirteen colonies came from Europe, and they brought with them their own set of rules and principles to be used in their new society.
The legal system in the United States is a common law system (with the exception of Louisiana, which has a mix of civil and common law). Customary law systems are based on patterns of behavior (or customs) that have come to be accepted as legal requirements or rules of conduct within a particular country.
Today the US operates under a dual system of both common and civil law. The courts, for example, operate under common law.
The United States uses the adversarial system in its courts. The opposing attorneys have primary responsibility for controlling the development and presentation of the lawsuit. The attorneys may not lie but have no duty to volunteer facts that do not support their client's case.
As the framers wrote the Constitution, some feared that the federal courts might threaten the independence of the states and the people. To combat this fear the framers set up a federal court system that can only hear cases in special circumstances.
The U.S.legal system is derived from several different sources such as the English common law and Roman civil law.
8/9/2019 The Legal System in the United States 3/17bet ween federal and state law, courts must follow the federal law. This is called federal supremacy. As the Supremacy Clause of Article VI of the federal Constitution states, "This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding." Example of Federal Supremacy In Washington and several other states, an individual may possess and use marijuana for medicinal purposes with a prescription. Washington State Medicinal Marijuana Act, Chapter 69.51A RCW, accessed August 28, 2010,; see all states that legalize medicinal marijuana: "16 Legal Medical Marijuana States and DC," ProCon.org website, accessed August 28, 2010,. Federal law prohibits possession and use of marijuana under any circumstances.21 USC. Ch. 13 § 801 et. seq., accessed October 1, 2010,. Technically, this could be a conflict that violates federal supremacy. Until the courts address the federal supremacy issue, however, medical marijuana statutes can continue to stay in effect. Read about a recent ruling regarding the constitutionality of Michigan's medicinal marijuana law under the Supremacy Clause: . Figure 2.2 Diagram of State Laws LAW AND ETHICS: THE ARIZONA IMMIGRATION LAW Can a State Regulate Immigration? Arizona passed a comprehensive immigration law designed to seek out and deport illegal immigrants. This law created a national furor, and its detractors insisted it would lead to unethical racial profiling. The federal government attacked the law in
The Legislative Branch The legislative branch is responsible for creating statutory laws. Citizens of a state can vote for some state statutes by ballot, but the federal legislative branch enacts all federal statutes. In the federal government, the legislative branch is headed by Congress. States' legislative branches are headed by a state legislature. Congress is bicameral, which means it is made up of two houses. This system provides equal representation among the several states and by citizens of the United States. States are represented by the Senate. Every state, no matter how large or small, gets two senators. Citizens are represented by the House of Representatives. Membership in the House of Representatives is based on population. A heavily populated state, like California, has more representatives than a sparsely populated state, like Alaska. States' legislatures are generally bicameral and have a similar structure to the federal system. Examples of Legislative Branch Checks and Balances The legislative branch can check and balance both the executive branch and the judicial branch. Congress can impeach the president of the United States, which is the first step toward removal from office. Congress can also enact statutes that supersede judicial opinions, as discussed in chapter 1, "Introduction to Criminal Law." Similarly, state legislature can also impeach a governor or enact a state statute that supersedes a state case law. Figure 2.3 Diagram of the Legislative Branch The Executive Branch The executive branch is responsible for enforcing the statutes enacted by the legislative branch. In the federal government, the executive branch is headed by the president of the United States. States' executive branches are headed by the governor of the state. Figure 2.4 Diagram of the Executive Branch
Federal District Court. Randal C. Archibold, "Judge Blocks Arizona's Immigration Law," The New York Times website, accessed October 1, 2010, . Judge Susan Bolton issued a preliminary injunction that stopped enforcement of the sections of the law that required state law enforcement to check an immigrant's status while enforcing other laws and that required immigrants to prove they were in the country legally or risk state charges. Randal C. Archibold, "Judge Blocks Arizona's Immigration Law," The New York Times website, accessed October 1, 2010,. Read the District Court's preliminary injunction ruling, which is available at this link: . What is the basis for Judge Bolton's decision? Check your answer using the answer key at the end of the chapter. Read about the most recent ruling on Arizona's immigration law by the US Court of Appeals for the Ninth Circuit:.
The three branches of government are detailed in Articles I–III of the federal Constitution and are the legislative branch, the executive branch, and the judicial branch. While the federal Constitution identifies only the federal branches of government, the principle of checks and balances applies to the states as well. Most states identify the three state branches of government in their state constitution. Each branch of government has a distinct authority. When one branch encroaches on the duties of another, this is called a violation of separation of powers. The courts decide whether a government branch has overstepped its boundaries because courts interpret the Constitution, which describes each branch's sphere of influence. Thus the judicial branch, which consists of all the courts, retains the balance of power.
The authority to make and administer the law. Implies rights, power and limits. The heart of law itself.
Historically, a separate system of law developed in England for the purpose of granting remedies other than money damages. (Ex: Injunction) Court-orginiated law, developed alongside the common law.
A type of case law: original legal rules created by judges to resolve disputes.
Extensive sets of judges' court decisions that are published chronologically by jurisdiction. More than 50,000 American judicial opinions are published each year.
13th circuit court that has nationwide jurisdiction to hear appeals in certain specialized kinds of cases, including patent-law cases.
In criminal cases, a hearing to determine whether the government has enough evidence against the accused to warrant a full-blown trial. (Presuming the defendant pleads not guilty)