U.S. Legal System United States

U.S. Legal System

United States Legal System

Sources of Law -- The United States Constitution is the "supreme law of the land." The Constitution divides the federal government into three branches, each of which has an impact on the legal system.

Legislative -- The legislative branch, consisting of the Senate and House of Representatives, passes legislation which becomes law.

Executive -- The executive branch of government consists of the President, the Vice President, and 15 cabinet-level departments. Each of these departments may contain many organizations. The President has the power to sign into law or veto any legislation passed by the legislative branch. Additionally, Congress delegates law-making power to various cabinet organizations such as the Environment Protection Agency and the Food and Drug Administration.

c. Judicial -- The judicial branch of the federal government is the branch that the Constitution empowers with settling disputes involving federal law or between citizens of two different states. Additionally, the judicial branch determines whether or not a statute (federal or state) violates the U.S. Constitution. The judicial branch is where the federal court system resides.

II. Types of Court Cases -- There are generally two types of cases which may be heard by courts. These include civil cases, which are disputes between two parties, and criminal cases, which involve an action that is harmful to society as a whole.

a. Criminal -- When a person is formally accused of a crime, they receive an indictment (for felonies) or information (for misdemeanors). Criminal cases involving federal laws are prosecuted by the United States Attorney's Office. Criminal cases involving state laws are prosecuted according to the procedures of each state. Once a court determines that the individual committed the crime, he or she is sentenced. Sentencing may include one or more of the following: monetary restitution (such as a fine), imprisonment, or supervision by the community (probation).

b. Civil -- Civil cases involve disputes between two parties. In these cases the person or entity who files the suit (the plaintiff) claims that the other person or entity (the defendant) has failed to fulfill a legal obligation to the plaintiff. The plaintiff may request the court to require the defendant to either fulfill the obligation or make monetary restitution.

III. Federal Court System

a. Jurisdiction -- The jurisdiction of federal courts is limited to what is provided in the Constitution. Typically, these are cases involving:

i. Cases in which the United States is a party

ii. Cases involving violation of the U.S. Constitution or Federal Laws iii. Cases between citizens of two different states if the amount is greater than $75,000

iv. Bankruptcy, copyright, patent, and maritime law cases.

b. Organization of Federal Court System -- There are three basic levels of the federal court system. These are the United States District Court, the United States Court of Appeals, and the United States Supreme Court.