OUTLINE OF THE U.
S LEGAL SYSTEM
The legal system applying in the
United States, while the country
was former of Great Britain’s
(England) colonization. The
United States was an English
colony. “Common Law” system,
within its sources is based on
jurisprudence and customs.
Common Law is based and
works on previous cases
decisions. For making something
going to a fair reason (justice),
there are some decisions for the
same case (Analogue cases);
Equal (similar) but not identical.
So, the principle of the previous
case is the “STARE DECISIS”;
“To rule or to make a decision in
the same way”, through in a trial
there will be presented, evidence,
sustains.
To make decisions in the same
way, applying similar cases, we
need:
UNITED STATES
Every state has its own laws, because of its own rules and jurisdiction that will make legal
precedents. But, there’s only one Constitution, which is the framework.
Is based on “Common Law”
Constitutional Law: Constitution
and Courts.
Common Law has many laws
that compound it. Also is applied Statutory Law: Legislative Branch
by Judicial Branch.
Regulations: Executive Branch
In the “Common Law” the sources of Law are the following:
Jurisprudence, Custom, Law, General Principles of Law, Doctrine.
Is more based on Jurisprudence and Custom because of U.S. life style; is
more jurisprudential system, only get into the Constitution.
To take a fair and firm decision in So, there will be many cases
some cases, there should be: that are similar; in which the
judge has to identify the same
- Identity of subjects. subjects and objects that will
- Identity of objects. give him a PRECEDENT.
- Identity of conflict, problem,
dispute.
The Judge is obliged to apply the same
reasoning or decisions, but his job doesn’t finish
or is limited to that, while the judge needs to
apply many instruments like interpretation and
analysis.
Analytic Philosophy: Analysis of methods and theories to
determine what really happened. (To go to the analysis).
Legal Language: Use of terms and to be analyzing in same
caes.
Is one country that applies s
federalism system. (50 states and “E PLURIBUS UNUM” (In many one)
Federal District).
There is one Supreme Court that creates Federalism: Every state has its own rules and
jurisprudence, within selecting cases (the most jurisdiction, appoint to the Constitution or
important) that stands by precedents to make “Federal Law” that is General (for every one).
jurisprudence.
Born in Great Britain (England, United Kingdom). There was a
invasion from William of Normandy (1066).
COMMON LAW HISTORICAL
EVOLUTION.- Normands were from France (called “Saxons”) and the others were
the “Anglo” (based the term in England and English).

The Barbarians created a Commune Law based on customs and

“Civil Law” base on Roman law was adopted by
France.
The “Common Law” works through the principle
of “Sovereignty States” (The respect of every
State; their rules, customs, traditions, etc.)
decisions. There were English tribes established for make decisions
in previous Law.
“Common Law” regulates basically private relations
between people. That’s why there were formed the “Rules
of Equity”.

Statutory Law is making Public Law; relations between

person and State.

Trial system in the U.S. is and adversary process, which means it is a contest
ADVERSARY SYSTEM
between opposing sides.

United States’ system
Judge or jury leave parties to gather
information, they make a decision
based on the arguments and evidence
presented to them.
The theory of this process is that the Trier of fact (judge or jury) will be able to
determine the truth if the opposing parties present their best arguments and show
the weaknesses in the other side’s case.
If a criminal case goes to trial, the prosecution has the burden of proving the
defendant guilty beyond a reasonable doubt. In a civil case the burden is on the
plaintiff to prove his or her case by a preponderance of the evidence.

Our country’s system

INQUISITORIAL SYSTEM
Judge is more active in questioning witnesses and controlling the court process,
including gathering and presentation of evidence.

Lawmaking power divided in 3 branches:

U.S. CONSTITUTION
Executive: president and federal agencies. Issues rules and executive orders that often
have the force of law.

Legislative: Congress. It passes laws, also called statutes.

Judiciary: Courts. Establishes laws through its rulings (interpret a provision of the
Constitution, a statute, or a rule issued by an executive agency).
 The Constitution establishes that the federal government
PRINCIPLE OF LIMITED GOVERNMENT.- as a whole should be limited by the power of the states.
The division of the power between the states and the
federal government is known as federalism.

Federal powers to make laws are listed in the Constitution

and the remaining powers are reserved to the states.

BILL OF RIGHTS.- Consists of the first ten amendments added to the Constitution after it was written.
States insisted upon the listing of specific rights of individuals that could not be
infringed upon by the federal government.

1. - Freedom of Religion, Press, Expression.

AMENDMENTS.-
2. – Right to bear arms.

3. – Quartering of soldiers.

4. – Search and Seizure

5. – Trial and punishment, compensation for takings.

6. – Right to speedy trial, confrontation of witnesses.

7. – Trial by Jury in Civil Cases.

Law is also made by courts. The U.S. Legal System is part of the Common Law System that
initiated in England.
COURTS.-
In the Common Law court decisions establish legal principles and rules of law.

2 types of courts in the U.S.:

Trial courts: listen to testimony, consider evidence, and decide the facts in disputed situations.
Some have a jury (group of ordinary citizens that decide a case). Decision can be appealed to
an appellate (appeals court).

Appeals court: party presents arguments asking the court to change the decision of the trial court and the other
supports the decision. No juries, witnesses, evidence presented.

There is an appeal when there is a claim that the trial court committed an error of law (mistake made by the judge
as to the law applicable in the case).

In minor errors trial court decision is not reversed.

When appeals court decides a case, it will issue a written opinion or ruling. Opinion sets precedent for future
similar cases.
 Dissenting opinion: when judges disagree with the opinion of the majority.

Concurring opinion: when judges agree with the decision of the majority but for other reasons.

The U.S. Supreme Court formed by 9 justices, establish most important precedents.

All courts in the U.S. must follow U.S. Supreme Court decisions.

It rules only in the most important cases, not all appeals. Rules by majority.

JUDICIAL BRANCH.- FEDERAL AND STATE COURT SYSTEM

FEDERAL COURT SYSTEM.- Federal courts or U.S. District Courts hear criminal and civil cases
involving federal law/ cases involving parties from different states when
the amount in dispute is more than $10.000 dollars.

If a person loses a trial in the U.S. District Courts, he may appeal to the
U.S. Circuit Court of Appeals in his region (13 in the US).

The court of final appeal is the U.S. Supreme Court.

All states have trial courts, called superior courts, county courts, district
STATE COURT SYSTEM.- courts, or municipal courts depending on the state.

Specialized in specific areas of law, such as family, traffic, criminal,

probate and small claims.

If a person loses a case in the trial court, he may
appeal to an intermediate court of appeals. In
some cases, the appeal goes directly to the State
Supreme Court. If the latter’s decision involves
only state law, no further appeal.
Probate courts handle cases involving wills and claims against the
estates of persons who die with or without a will.
Small claims courts: cases involving small amounts of money.

Each state’s highest court = final say on KINDS OF LAW.-

interpretation of state laws and the state
constitution.
2 major groups: criminal and civil
If a State Supreme Court decision involves
federal law or constitutional issues, it can be Criminal case: legal action brought by the government against a
appealed to the U.S. Supreme Court. person charged with committing a crime.

Criminal laws: have penalties (imprisonment, fines, supervision,

etc)

Criminal offenses:

Felony: the penalty has duration of more than 1 year in prison

Misdemeanor: the penalty is a prison term of 1 year or less.

Civil laws: regulate relations between individuals or groups of individuals.

Civil action or lawsuit: can be brought when one person feels wronged or injured by another person. They regulate
everyday situations as marriage, divorce, contracts, real estate, insurance, etc.

1. - Opening Statement by Plaintiff or Prosecutor.- Plaintiff’s attorney (in civil

STEPS IN A TRIAL.- cases) or prosecutor (in criminal cases) explains to the trier of fact the evidence to be
presented as proof of the allegations (unproven statements) in the complaint or
indictment.

2. - Opening Statement by Defense.- Defendant’s attorney explains evidence to be

presented to deny the allegations made by the plaintiff or prosecutor.

3. - Direct examination by Plaintiff or Prosecutor. - Each witness for the plaintiff or

prosecution is questioned. Other evidence (e.g. documents, physical evidence) in favor
of the plaintiff or prosecution is presented.

4. - Cross-Examination by Defense – The defense has the opportunity to question

each witness. Questioning is designed to break down the story or to discredit the
witness in the eyes of the jury.

5. - Motions. - If the prosecution’s or plaintiff’s basic case has not been established
from the evidence introduced, the judge can end the case by granting the defendant’s
motion to dismiss (in civil cases) or by entering a directed verdict (in criminal cases).

6. - Direct Examination by Defense. - Each defense witness is questioned.

7. - Cross-Examination by Plaintiff.- Each defense witness is cross-examined.

8.- Closing Statement by Plaintiff.- Prosecutor or plaintiff’s attorney review all the
evidence presented (noting uncontradicted facts), states how the evidence has satisfied
the elements of the charge, and asks for a finding of guilty (in criminal cases) or for
the plaintiff (in civil cases).

9. - Closing Statement by Defense.- Same as closing statement by

prosecution/plaintiff. The defense asks for a finding of not guilty (in criminal cases) or
for the defendant (in civil cases).

10.- Rebuttal Argument.- Prosecutor or plaintiff has the right to make additional closing arguments.

11.- Jury Instructions.- Judge instructs jury as to the law that applies in the case.

12. - Verdict. - In most states, a unanimous decision is required one way or the other. If the jury cannot reach a unanimous
decision, it is said to be a hung jury, and the case may be tried again.
 EXECUTIVE BRANCH.- The power of the Executive Branch is vested in the President of the United
States, who also acts as head of state and Commander-in-Chief of the armed
forces. The President is responsible for implementing and enforcing the laws
written by Congress and, to that end, appoints the heads of the federal
agencies, including the Cabinet. The Vice President is also part of the
Executive Branch, ready to assume the Presidency should the need arise.

The Cabinet and independent federal agencies are responsible for the day-to-
day enforcement and administration of federal laws. These departments and
agencies have missions and responsibilities as widely divergent as those of
the Department of Defense and the Environmental Protection Agency, the
Social Security Administration and the Securities and Exchange Commission.

Established by Article I of the Constitution, the Legislative Branch consists of

the House of Representatives and the Senate, which together form the
LEGISLATIVE BRANCH.-
United States Congress. The Constitution grants Congress the sole authority
to enact legislation and declare war, the right to confirm or reject many
Presidential appointments, and substantial investigative powers.

The House of Representatives is made up of 435 elected members, divided among the 50 states in proportion to their total
population. In addition, there are 6 non-voting members, representing the District of Columbia, the Commonwealth of Puerto
Rico, and four other territories of the United States.

The presiding officer of the chamber is the Speaker of the House, elected by the Representatives. He or she is third in the
line of succession to the Presidency. Members of the House are elected every two years and must be 25 years of age, a U.S.
citizen for at least seven years, and a resident of the state (but not necessarily the district) they represent. The House has
several powers assigned exclusively to it, including the power to initiate revenue bills, impeach federal officials, and elect
the President in the case of an Electoral College tie.

The Senate is composed of 100 Senators, 2 for ÇÇÇÇ each state. Until the ratification of the 17th Amendment in 1913,
Senators were chosen by state legislatures, not by popular vote. Since then, they have been elected to six-year
terms by the people of each state. Senator's terms are staggered so that about one-third of the Senate is up for
reelection every two years. Senators must be 30 years of age, U.S. citizens for at least nine years, and residents of
the state they represent. The Vice President of the United States serves as President of the Senate and may cast
the decisive vote in the event of a tie in the Senate.

The Senate has the sole power to confirm those of the President's appointments that require consent, and to ratify
treaties. There are, however, two exceptions to this rule: the House must also approve appointments to the Vice
Presidency and any treaty that involves foreign trade. The Senate also tries impeachment cases for federal
officials referred to it by the House.
LEGISLATIVE PROCESS.-