To the left is a brief overview of the United States Legal System.
The United States Legal System: The History
It can be said that America as a nation began in 1781 with the surrender of Lord Cornwallis to George Washington at Yorktown. Even though America was now a free and independent nation, many of the social, legal, and cultural habits of this new nation came primarily from Great Britain by boat loads of new colonists.
Juries:
The modern day jury system in the United States is a hybrid of Egyptian, Greek, and European jury configurations. In colonial times the trial by jury was seen as rebellion against the crown. The sixth amendment guarantees, among other things, the right to a speedy, and public trial. It also states that the defendants must be informed of all charges against them. The sixth amendment is primarily where the structure that allowed our modern day trial by jury to come from. The idea of a trial by jury is so interwoven into societies ideas that to the average American a court room consists of a judge in black robe, lawyers, and the rows of twelve men and women listening to and watching the case and testimony as it unfolds. Of all the annual cases tried by jury World Wide, the United States makes up for around 90% of them. Although they make up for 90% of the world wide cases tried by jury, most of the cases in the United States aren't heard by a jury. There are ways of settling cases out of court; guilty pleas, and bench trials. Bench trials consist of just the judge and lawyers, with no jury. The men and women of the jury are used to determine facts in a trial, the validity of testimony, guilt/innocence, and liabilities.
There are two types of juries. The first is petit. A petit jurors are sworn in to hear evidence n civil and criminal trials, and to render a verdict. The second type of jury is a grand jury. In a grand jury the men and women have the job of receiving complaints and accusations in criminal cases, hear evidence presented by state, and to find bills of indictment in cases where they are satisfied there is probable cause to believe a crime has been committed.
Due Process:
Daniel Webster, a pre-Civil War senator from Massachusetts, defined due process as, "a law which hears before it condemns, which proceeds on inquiry and renders judgement only after trial." The definition of due process is fair treatment through the normal judicial system, especially when concerning citizens rights. There are two essential elements to it. The first is that notice is given that matters concerning the person are before the court. The second is that said person shall be given an opportunity to be heard and defend himself in an orderly proceeding adapted to the nature of the case. Basically these key elements mean that no person shall be denied life, liberty, property or any other right granted to him unless the matter in question is first decided upon in trial or a hearing that follows proper procedures for judicial proceedings. Also, nothing will be decided upon with the opportunity for a hearing.
Common Law:
The definition of common law is, "court made law." Common law differs from statutory law, which is defined as, "the written law established by enactments expressing the will of the legislature." Common law develops and is passed on to future courts through the decisions and opinions of judges hearing cases. An example of common law is the case MacPherson v. Buick Motor Co. In 1916 Judge Benjamin Cardozo bases his decision on a similar case that tried a year earlier against Cadillac. Both cases were about defective wheels that were not produced by the company, but bought from a third party. Basically, the judge in MacPherson v. Buick Motor Co. decided that because a different judge had decided that Cadillac was responsible for the wrong doing in a similar case a year prior, that Buick Motor Co. was responsible in this case.
Dual System:
The legal system of the United States has a two part structure. The first part is the Federal court system. Under this there is the State court system. This stems from the original colonies want to keep some judicial control. This two part structure allows for jurisdictional distinctions. Judicial differences are determined by geography, case type, and case format. The following are examples of cases where the Federal courts take jurisdiction over the State courts.
1) Cases involving the United States as a party.
2) Cases involving foreign officials.
3) Cases involving parties from different states (in some circumstances.)
4) Cases involving the United States constitution.
5) Cases involving patents, copy rights, and bankruptcy.
The State courts have jurisdiction in examples three and four as well. Most cases within the state can be appealed to the Federal court if parties are not satisfied with the original decision.
**Important Note:
Within the United States judicial system there is an adversary system. This means that both the plaintiff and the defendant are allowed to have an adverser, or council, usually a lawyer defending them/helping to prosecute their case.
Juries:
The modern day jury system in the United States is a hybrid of Egyptian, Greek, and European jury configurations. In colonial times the trial by jury was seen as rebellion against the crown. The sixth amendment guarantees, among other things, the right to a speedy, and public trial. It also states that the defendants must be informed of all charges against them. The sixth amendment is primarily where the structure that allowed our modern day trial by jury to come from. The idea of a trial by jury is so interwoven into societies ideas that to the average American a court room consists of a judge in black robe, lawyers, and the rows of twelve men and women listening to and watching the case and testimony as it unfolds. Of all the annual cases tried by jury World Wide, the United States makes up for around 90% of them. Although they make up for 90% of the world wide cases tried by jury, most of the cases in the United States aren't heard by a jury. There are ways of settling cases out of court; guilty pleas, and bench trials. Bench trials consist of just the judge and lawyers, with no jury. The men and women of the jury are used to determine facts in a trial, the validity of testimony, guilt/innocence, and liabilities.
There are two types of juries. The first is petit. A petit jurors are sworn in to hear evidence n civil and criminal trials, and to render a verdict. The second type of jury is a grand jury. In a grand jury the men and women have the job of receiving complaints and accusations in criminal cases, hear evidence presented by state, and to find bills of indictment in cases where they are satisfied there is probable cause to believe a crime has been committed.
Due Process:
Daniel Webster, a pre-Civil War senator from Massachusetts, defined due process as, "a law which hears before it condemns, which proceeds on inquiry and renders judgement only after trial." The definition of due process is fair treatment through the normal judicial system, especially when concerning citizens rights. There are two essential elements to it. The first is that notice is given that matters concerning the person are before the court. The second is that said person shall be given an opportunity to be heard and defend himself in an orderly proceeding adapted to the nature of the case. Basically these key elements mean that no person shall be denied life, liberty, property or any other right granted to him unless the matter in question is first decided upon in trial or a hearing that follows proper procedures for judicial proceedings. Also, nothing will be decided upon with the opportunity for a hearing.
Common Law:
The definition of common law is, "court made law." Common law differs from statutory law, which is defined as, "the written law established by enactments expressing the will of the legislature." Common law develops and is passed on to future courts through the decisions and opinions of judges hearing cases. An example of common law is the case MacPherson v. Buick Motor Co. In 1916 Judge Benjamin Cardozo bases his decision on a similar case that tried a year earlier against Cadillac. Both cases were about defective wheels that were not produced by the company, but bought from a third party. Basically, the judge in MacPherson v. Buick Motor Co. decided that because a different judge had decided that Cadillac was responsible for the wrong doing in a similar case a year prior, that Buick Motor Co. was responsible in this case.
Dual System:
The legal system of the United States has a two part structure. The first part is the Federal court system. Under this there is the State court system. This stems from the original colonies want to keep some judicial control. This two part structure allows for jurisdictional distinctions. Judicial differences are determined by geography, case type, and case format. The following are examples of cases where the Federal courts take jurisdiction over the State courts.
1) Cases involving the United States as a party.
2) Cases involving foreign officials.
3) Cases involving parties from different states (in some circumstances.)
4) Cases involving the United States constitution.
5) Cases involving patents, copy rights, and bankruptcy.
The State courts have jurisdiction in examples three and four as well. Most cases within the state can be appealed to the Federal court if parties are not satisfied with the original decision.
**Important Note:
Within the United States judicial system there is an adversary system. This means that both the plaintiff and the defendant are allowed to have an adverser, or council, usually a lawyer defending them/helping to prosecute their case.
The United States Legal System: The Federal Courts
The United States Constitution establishes the U.S. Supreme Court, and gives Congress the authority to establish the lower federal courts. Congress then established two levels of federal courts below the Supreme Courts. They are the U.S. district courts, and the U.S. circuit courts of appeals. The U.S. district courts are the courts of first instance in the federal system. There are 94 such district courts throughout the nation. There is a minimum of one district court per each state. District judges sit individually to hear cases. Also, with the district judges , bankruptcy judge (who only hear bankruptcy cases) and magistrate judges (who perform many judicial duties under the general supervision of district judges) are located with in the district courts. The next level is the United States Court of Appeals. There are twelve courts at the intermediate level, located regionally. They consist of a panel of three judges that hear appeals from the district courts. They also hear appeals from decisions of federal agencies. At the top sits the U.S. Supreme Court. The United States Supreme court consists of nine justices who sit together to hear cases. They may also hear appeals from the Federal Circuit courts, as well at the highest State courts if the case involves the U.S. Constitution or federal law.
The United States Legal System: The State Courts
The configuration of the state court systems vary from state to state. Due to this fact, each state court system has their own unique features. However, generalizations can be made. Most have courts of limited jurisdiction, which are presided over by a single judge, usually called circuit courts, or superior courts. They hear major civil and criminal cases. Some have specialized courts for specific kinds of cases. Two examples of this are traffic court, for traffic violations, and family court, which usually deals with things like custody agreements, or child support orders. All have a highest court, usually the State Supreme court. It serves as an appellate court. Some states may have an intermediate appellate court, commonly termed the court of appeals.
The United States Legal System: Judges and Lawyers
U.S. Supreme, Circuit, and District court judges are appointed by the president of the United States. If they are approved by a majority vote in the Senate. The are then judges for life, unless they step down, or are removed from their position. They are usually distinguished lawyers, law professors, or lower federal or state court justices. One they are appointed their salaries cannot be reduced. Other methods of selecting justices vary from state to state, and are different with in a state depending on the type of court. Two of the most common selection processes are by commission nomination, and popular election. In the commission nomination system judges are appointed by the governor (the state's chief executive) who chooses from a list of candidates selected by an independent commission made up of lawyers, legislators, lay citizens, and sometimes judges. In many states judges are selected by popular election. These elections can be held both partisan and nonpartisan. The candidates must meet certain criteria as set by each state. One example of the criteria is being a practicing lawyer for a certain number of years.
The United States legal system uses the adversary system, in which each party has an adversary, or person, representing them through out the legal process. Due to this system, lawyers are essential to the process. Based on the lawyers' presentations, a trial judge or jury determines the facts and applies to the law to reach a decision before judgement is entered. Individuals are allowed to represent themselves in U.S. courts, however lawyers are often necessary to present cases effectively. Anyone who cannot afford to hire a lawyer may attempt to obtain one through a local legal aid society. People accused of crimes who cannot afford a lawyer are represented by a court-appointed attorney or by federal or state public defender offices. Lawyers are licensed by the individual states in which they practice law. There is no national authority that licenses lawyers. Most states require applicants to hold a law degree from an accredited law school. A law degree is a post-graduate degree awarded at the end of a three year course of study. Usually individuals will completely four years of college before attending law school. Most states require that applicants for a license to practice law pass a written bar examination and meet certain standards of character. Some states allow lawyers to become bar members abased on membership in another state's bar. All states provide for out-of-state lawyers to practice in the state in a particular case under certain conditions. Lawyers can engage in any kind of practice. Although there is no formal distinction among types of legal practice there is much informal specialization.
The United States legal system uses the adversary system, in which each party has an adversary, or person, representing them through out the legal process. Due to this system, lawyers are essential to the process. Based on the lawyers' presentations, a trial judge or jury determines the facts and applies to the law to reach a decision before judgement is entered. Individuals are allowed to represent themselves in U.S. courts, however lawyers are often necessary to present cases effectively. Anyone who cannot afford to hire a lawyer may attempt to obtain one through a local legal aid society. People accused of crimes who cannot afford a lawyer are represented by a court-appointed attorney or by federal or state public defender offices. Lawyers are licensed by the individual states in which they practice law. There is no national authority that licenses lawyers. Most states require applicants to hold a law degree from an accredited law school. A law degree is a post-graduate degree awarded at the end of a three year course of study. Usually individuals will completely four years of college before attending law school. Most states require that applicants for a license to practice law pass a written bar examination and meet certain standards of character. Some states allow lawyers to become bar members abased on membership in another state's bar. All states provide for out-of-state lawyers to practice in the state in a particular case under certain conditions. Lawyers can engage in any kind of practice. Although there is no formal distinction among types of legal practice there is much informal specialization.
The United States Legal System: Criminal Law
Criminal law involves the prosecution by the government of a person for an act that has been classified as a crime. In criminal cases, the state, through a prosecutor, initiates the suit. Persons convicted of a crime maybe incarcerated, fined, or both. A crime is any act or omission of an act that violates a public law. Most crimes in the United States are established by local, state, and federal governments. Crimes include both felonies, more serious offenses like murder or rape, and misdemeanors, less serious offenses like petty theft or jaywalking. Felonies are usually punishable by imprisonment of a year or more, and misdemeanors are punishable by less than a year.
**Below is a link to a site explaining the procedures of a criminal trial.
**Below is a link to a site explaining the procedures of a criminal trial.
The United States Legal System: Civil Law
Civil law is defined as, "the system of law concerned with private relations between members of a community." Civil cases involved individuals and organization seeking to resolve legal disputes. Unlike with criminal cases, the persons found liable are not usually incarcerated. According to William Geldart, Introduction to English Law 146 (D.C.M. Yardley ed., 9th ed. 1984),
"The difference between civil law and criminal law turns on the difference between two different objects which law seeks to pursue - redress or punishment. The object of civil law is the redress of wrongs by compelling compensation or restitution."
The purpose of civil law is to deal with disputes between individuals, organizations, or between the two in which the compensation is awarded to the victim. The case is filed by a private part. The defendant can be found liable or not liable. That is decided by the judge. The claimant must produce evidence beyond the balance of probabilities. The type of punishment is compensation, usually financial, for injuries or damages, or an injunction in nuisance. Either party can appeal a court's decision.
**Below is a link to a site better explaining the steps that occur in a civil trial.
"The difference between civil law and criminal law turns on the difference between two different objects which law seeks to pursue - redress or punishment. The object of civil law is the redress of wrongs by compelling compensation or restitution."
The purpose of civil law is to deal with disputes between individuals, organizations, or between the two in which the compensation is awarded to the victim. The case is filed by a private part. The defendant can be found liable or not liable. That is decided by the judge. The claimant must produce evidence beyond the balance of probabilities. The type of punishment is compensation, usually financial, for injuries or damages, or an injunction in nuisance. Either party can appeal a court's decision.
**Below is a link to a site better explaining the steps that occur in a civil trial.