US Judicial System Slide Show 3

Principles of the US Constitution
(2) The federal government is one of enumerated powers limited primarily to the following powers:
– to tax – to wage war – to regulate interstate and foreign commerce – to make treaties – all the rest of the laws are left to the states
Brief History of American Law
• Adoption of English law by American Colonies (1600’s to mid-1700’s) • Declaration of Independence (1776) • Articles of Confederation (1777) • United States Constitution and Bill of Rights(1787)
Federal Law Supreme
• Federal law is the supreme law of the land -- the federal courts can determine whether states have exceeded their authority in passing state laws • State courts exercise judicial review of state legislation under state constitutions
"The Part I took in Defence of Cptn. Preston and the Soldiers, procured me Anxiety, and Obloquy enough. It was, however, one of the most gallant, generous, manly and disinterested Actions of my whole Life, and one of the best Pieces of Service I ever rendered my Country. Judgment of Death against those Soldiers would have been as foul a Stain upon this Country as the Executions of the Quakers or Witches, anciently. As the Evidence was, the Verdict of the Jury was exactly right." -John Adams
Overview
• Review Terminology • Origins of American Law • Debate regarding the role of the judiciary
Questions
• Since it takes such a long time to become a lawyer in the U.S. (three years), how can we learn the U.S. Judicial system in just one semester? • What are the differences between U.S. and Chinese students? Do they sit together like us? • What should I do to prepare for your class?
Legal Terminology
• Law
– Legislation – Constitution – Statute – Regulation – Treaty – Common law and Case law – Administrative law (regulations)
Legal Terminology
Preamble to the S Constitution
We the people of the United States of America In order to form a more perfect union, Establish justice, insure domestic tranquility, Provide for the common defense, Promote the general welfare and Secure the blessings of liberty To ourselves and our posterity Do ordain and establish this Constitution for the United States of America.
Principles of the US Constitution
(1) People are sovereign and their government should be based upon a social compact
– Preamble to the Constitution (“we the people”) – state conventions were required to ratify the Constitution – powers were “granted” to the national government
• Common Law versus Civil Law • Criminal versus Civil • Enforcement (Government, Citizens)
– Compensation – Injunction – Penalty
Legal Terminology
• Common Law • Case Law • Decisional Law
Evolution of American Law
• Law of England • Role of the Courts • Role of Legislatures • Role of Administrative Agencies
John Adams
The Boston Massacre
Judiciary
• The term “judiciary” means the branch of government including judges and courts • The concepts guiding the nature and authority of the judiciary are embedded in Article III of the Constitution, the Federal Judiciary Act of 1789 and, for state courts, in state constitutions and statutes
Introduction to the US Judicial System Sun Yat Sen University School of Law Fall 2010
Class Three: Origins of American Law
Li Bai
夜思李白
床 前 明 月 光， 疑 是 地 上 霜， 举 头 望 明 月， 低 头 思 故 乡 。
Principles of the US Constitution
(3)The powers of the federal government are divided among the legislative, executive and judicial branches (three articles which describe the powers of each) (4) Constitutional rights should be embodied in a written instrument
Evolution of American Law
Pre-Revolution
• In general, the colonies were suspicious of English law – under English law, their religious, political and economic freedoms had been curtailed and that was the reason they emigrated to the U.S. • But they had no other law to apply and most of the Colonies adopted some part of English law and adapted it to the conditions of American life
Bill of Rights
• Basic guarantees of specific human rights in the first ten amendments to the Constitution (there are now 27) • Concerned primarily with the rights of individuals against the federal government
Characteristics of the Judiciary
• Judges should be specialists in the law with both an education in the law and experience practicing law • Judges should not have any conflicts of interest that would prevent them from making impartial decisions • Judges should respect prior decisions and should only overturn prior decisions in rare circumstances (“stare decisis”)