The legal system of the US is an extensive model having many strata and tiers like consumer rights, business laws, state laws etc. It originates from the Constitution, which is considered the highest law of this country and various federal and individual state laws as well as judicial interpretations and administrative regulations. The U.S. legal system a product of past history is what it is today and thus understanding these 14 fundamentals will be the starting point in helping you make sense it: This guide is meant to give you a comprehensive overview of the U.S. legal system and its parts as well as information on how it works.
Overview of the US Legal System
At its core, the US legal system is deeply rooted in the principles of common law, a legal tradition that originated from England that emphasises the role of judges in shaping the law through their decisions. However, unlike the UK, the US has a written Constitution that serves as the supreme law of the land, providing a framework for the entire legal system and safeguarding fundamental rights. This mix of common law principles and constitutional supremacy distinguishes the US legal system from many others, including India’s, which primarily relies on codified laws and statutes.
The US follows a federal system, where power is divided between the national government and the individual states. This results in a dual court system, with both federal and state courts operating concurrently. The federal courts manage cases involving federal laws, the Constitution, and disputes between states, while state courts deal with matters arising under state laws. In contrast, India has a unified judicial system, with the Supreme Court at the apex and a hierarchical structure of subordinate courts.
The US legal system is further characterised by the separation of powers among the three branches of government – the legislative, executive, and judicial. This system of checks and balances ensures that no single branch becomes too powerful, a principle that resonates with the Indian system as well.
Key Features of the US Legal System
- Adversarial System:
In the US, an adversarial system is followed. It places the burden on the parties involved – the plaintiff and the defendant. The parties present their strongest arguments and evidence before a neutral judge or jury. The judge acts as a referee, ensuring fair play and applying the law, while the jury, in many cases, decides the outcome.
This approach contrasts sharply with the inquisitorial system prevalent in many civil law countries, including India, where the judge takes a more active role in investigating the facts and questioning witnesses.
- Jury System:
One of the most iconic features of the US legal system is the jury trial, wherein a group of ordinary citizens decides the case in both criminal cases and civil matters. This system is rooted in the belief that justice is served when decisions are made by a cross-section of the community, ensuring a fair and impartial verdict.
- Precedent and Stare Decisis:
The US legal system places immense importance on prior court decisions, known as precedents. The principle of “stare decisis” – Latin for “to stand by things decided” – obliges courts to follow established legal principles in similar cases, ensuring consistency and predictability in the law.
This reliance on precedent creates a vast body of case law that guides legal interpretations and outcomes. In India, prior decisions of higher courts are respected, and are binding in the same way as in the US.
- Judicial Review:
A foundation of the US legal system is the power of judicial review, which empowers the courts to declare laws or executive actions unconstitutional. This acts as a crucial check on the other branches of government, ensuring that they operate within the bounds of the Constitution.
The Indian Supreme Court also exercises the power of judicial review, highlighting a shared commitment to upholding constitutional principles. However, the specific scope and application of judicial review can differ between the two countries, reflecting their unique legal and political contexts.
The US Court System
- Federal Courts:
The federal court system in the US comprises three main levels: District Courts, Courts of Appeal, and the Supreme Court. The 94 District Courts are the trial courts where most federal cases begin. These courts have original jurisdiction over cases involving federal laws, the Constitution, and disputes between citizens of different states.
Above the District Courts are the 13 Courts of Appeal, also known as Circuit Courts. These courts hear appeals from the District Courts and have the power to review and overturn lower court decisions. At the apex of the federal judiciary stands the Supreme Court, the highest court in the land. The Supreme Court has the final say on matters of federal law and the Constitution, and its decisions have a profound impact on the entire nation.
Compared to India’s unified judicial system, consisting of hierarchy arrangement of courts wherein the apex court is the supreme court followed by High courts at every state and subordinate courts at district level.
- Also Read: Understanding The Legal System of United Kingdom
- State Courts:
Each of the fifty states in the US has its own court system, responsible for handling cases arising under state laws. The structure of state courts varies, but typically includes trial courts, appellate courts, and a state supreme court. These courts oversee a wide range of matters, including criminal cases, civil disputes, family law matters, and probate cases.
While India also has a hierarchical structure of courts at the state level, the specific organization and the jurisdiction can differ.
Legal Professionals in the US
- Lawyers:
Lawyers, also known as attorneys, are the central figures in the US legal system. They function as advocates for their clients, representing them in court, negotiating on their behalf, and providing legal advice. To practise law in the US, one must typically complete a Juris Doctor (J.D.) degree from an accredited law school and pass the bar exam in their chosen state. This rigorous training equips lawyers with the knowledge and skills to navigate the complexities of the legal system and zealously advocate for their clients’ interests.
In India, legal education is integrated into undergraduate programs, requiring aspiring lawyers to first obtain a legal degree of either 5 years or 3 years post graduation. To be eligible to practice, the lawyer must appear in the Bar Examination. This distinction reflects different approaches to legal education and professional development.
- Judges:
Judges occupy a position of immense responsibility within the US legal system. They preside over court proceedings, interpret the law, and make impartial decisions based on the evidence presented. At the federal level, judges are appointed by the President and confirmed by the Senate. The state judges are selected through various methods, including elections, appointments, or a combination of both.
This contrasts with the Indian system, where judges are primarily appointed through a rigorous selection process based on merit and experience. The method of judicial selection in the US, particularly the election of judges in some states, has been a subject of debate, with concerns raised about potential political influence and the need for judicial independence.
Conclusion
The US legal system is complex and with a blend of common law, constitutional principles, and a deep-rooted commitment to individual rights and liberties. While sharing some similarities with the Indian legal system, such as the separation of powers and judicial review, the US system also exhibits distinguishing features like its adversarial nature, the prominence of jury trials, and the doctrine of stare decisis.
Understanding the nuances of the US legal system is crucial not only for legal professionals but also for anyone seeking to engage with the US on a global stage.
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