Foundations of U.S. Law
The United
States Constitution is the supreme law of the United States and is the
basis of our system of justice. It was signed by the delegates of the
original thirteen colonies in 1776 at the Constitutional Convention
in Philadelphia, and written by Thomas Jefferson, Alexander Hamilton,
and other "Founding Fathers."
Federal
and state laws which violate the Constitution are said to be unconstitutional
and may be struck down by judicial review of the Supreme Court, the
higest court in the land. Many cases involving civil rights hinge on
a potential violation of the Constitution or its amendments.
Cases involving the 1st 4th, 5th and 14th amendments are most common.
Heirarchy
of Laws:
U.S.
Constitution and its Amendments ("Bill of Rights")
Federal
Laws - include bills signed into law by
the President, statutes of federal agencies and executive orders
issued by the President, plus Supreme Court and federal court decisions.
Federal laws can be disputed in federal courts.
State
Laws - mostly court decisions based on common law
Local
(Municipal) Laws - local statutes, codes and court decisions
The
Courts:
Federal
courts handle:
- disputes
between citizens of different states
- disputes
between the states and the federal government
- interpretations
of federal statutes
State courts
handle most cases involving property, contracts (business) and violations
of civil and criminal laws. Each state has its own set of statutes regarding
civil and criminal laws. These are published in the state codes.
The
Common Law System
Most law
is far from simply a collection of rules and statutes; rather, it is
based on a system of precedents, or judicial opinions, that have come
before. Every state, except for Louisiana (whose system is based on
the French civil code) decides cases based on precedent. This collection
of court decisions is known as the "common law" system, based
in part on the English system.
If you
go to court, your lawyer
(attorney) will argue your case based on previous cases similar
to yours, plus any relevant state or federal statutes that might support
your case. The judge (and/or the jury) will make a decision
in your case, deciding for the plaintiff (the one who brings
the claim) or the defendant (the party defending against
the claim).
According
to the rules of common law, any case involving more than $20 will be
heard by a jury of one's peers. twelve people will decide your case
- they must decide unanimously, or the case will result in a hung jury,
causing a re-trial.
Civil
cases involve product liability, contract cases, fraud and wrongful
death lawsuits. The penalty, or "judgment," is a fine
ranging from a few dollars to billions, deending on the severity of
the injury and how much the plaintiff's lawyers are suing for.
Filing
a Claim: If you feel you have been injured or wronged by another
party, i.e. an unscrupulous or deceptive business, you may elect to
file a claim (i.e. "sue") in local, state or federal court,
depending on the jurisdiction of the case. Most
cases involving less than $1,000 are handled in small claims court,
in the city or county in which the disputed matter occurred. If you
wish to file a claim, you should contact the clerk of the court in your
locality.
Since court
procedures can be long, costly and stressful, many businesses now prefer
to resolve smaller consumer cases outside the court system using a professional
mediator or arbitrator. To learn more about these methods of alternative
dispute resolution, visit the American
Arbitration Association (AAA).
For a list
of arbitrators in your area you may contact:
Criminal cases
(more serious crimes involving attempted murder, theft of property,
or treason, for example) are considered crimes against the state. The
prosecutor is the plaintiff's attorney and the defense attorney is the
defendant's (the accused's) attorney. If the defendent has no means
to hire his own lawyer, the court will appoint a defense attorney to
represent him.
In a criminal
trial, the sentence is the punishment set by the judge. The jury decides
the innocence or guilt of the defendent. If one is found guilty, one
may attempt to appeal one's sentence to a higher court.
Indictment:
If one is accused of a capital (very serious) crime like
murder or arson, the constitution guarantees one's right to a preliminary
hearing by a grand jury, or a group of citizens randomly selected
by the court for jury duty. The grand jury decides on the basis of the
evidence presented whether there is sufficient reason to proceed with
an investigation or trial. If they find sufficient reason to proceed,
this is known as an "indictment."
Appellate
courts, or courts of appeal, handle appeals of civil and criminal
cases from state and federal courts. One may appeal a fine or a sentence.
In an appeals case, the judge alone decides whether the case should
be "remanded," or sent back to the lower courts for a re-trial,
or rejected outright.
