The Legal System
Federal Government United States legal system based on U.S. Constitution. Created the federal government. Federal government’s powers divided into three branches: legislative, judicial, and executive. Division prevents any one group from having absolute power. Each group has a different role in upholding the Constitution.
Three Branches of Government Executive Branch (President and Vice President) Administers and enforces laws Constitution Judicial Branch (Court system) Interprets laws Legislative Branch (Congress and Senate) Creates laws
State Governments Any powers not given to the federal (national) government are given to the states. Example: The federal government administers Bankruptcy Court, while state governments administer medical licensing laws. Each state has its own constitution, similar to the U.S. Constitution.
Sources of Law There are 4 sources of laws Constitutional: laws set out in the U.S. or state constitutions, mostly pertain to governments. Statutory: laws created by either the U.S. or state legislature. Regulatory: statutory laws created by agencies authorized to do so. Common: laws made when judges apply previous court decisions to new situations.
Classification of Laws Private (civil) law Laws concerning relationships between individuals; often involve monetary awards. Major objective=individual compensation Public (criminal) law Laws concerning offenses against the state; meant to protect the public from harmful acts of others. Major objective=deterrence and punishment
Civil Law Civil law includes tort and contract law Tort: wrongful act which causes harm to a person or property. Contract law: concerns breaches of legally binding agreements between two or more parties.
Torts and Contracts Torts Contracts Intentional: assault, battery, fraud, and invasion of privacy Unintentional: negligence Contracts Expressed: signed, written promise to pay a bill Implied: describing your symptoms to a doctor and allowing her to examine you
Criminal Law Criminal acts Misdemeanors: less serious offenses which can result in fines or jail terms of less than one year. Felonies: serious crimes punishable by a jail term of more than a year or death.
Common Legal Terms Plaintiff: Person who brings a lawsuit into court. Defendant: Person accused of a crime. Subpoena: Court order for a person or documents to appear in court. Expert witness: Has special knowledge or experience of a particular field relevant to a court case; is usually a physician in a medical malpractice case.
Summary The U.S. legal system is based on the Constitution. The legal system is divided into the judicial, executive, and legislative branches. State governments receive powers not granted to the federal government.
Summary Continued The four types of laws are constitutional, statutory, regulatory, and common. Private laws concern wrongs against individuals. Public laws involve crimes against the government. Common legal terms are: plaintiff, defendant, subpoena, and expert witness.
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