Civil Law Legal System

Improved Essays
The elements of the legal system in the United States are its origins, characteristics, functions and fields, constitutions and legal codes. The elements of the legal system come together, through the jurisprudence of American federal and state courts.

Origins and Characteristic of the Law and Legal Systems of the United States

Origin of the Common Law Legal System

The common law is used in all the states except Louisiana. Louisiana uses a civil law legal system, which is common throughout Europe.

Characteristics of the Common Law Legal System

Origin of the Civil Law Legal System

It can be argued that any time a state legislature encodes a law which was not previously coded, that the state legal system becomes partly a civil code system.
Civil law is used
…show more content…
Establishing Standards
People and businesses and government employees must act in a way acceptable to the average person. Voting people hire and employ a person in the legislature to decide what laws to promote to achieve this end. The law sets standards for all sorts of activity and items such as food and safety regulations.
Maintaining Order

Resolving Disputes

Protecting Liberties and Rights

Fields of the System of the Law
In the United States the levels of the law are federal law, state law and local law. The various types of government levels of law have influence over people and the way they live and work in a multiple border geography.
Federal Law

State Law

All the states add up to fifty separate systems of criminal law, family law, property law, contract Local Law

Two Types of Laws

Two types of law in the United States are procedural law and substantive law.
Procedural Criminal Law
Criminal cases have procedural guidelines that are different from the substantive law. The law that controls the way a criminal court case proceeds is called the criminal procedural law.

Civil Procedural

Related Documents

  • Decent Essays

    Glt1 Task 1

    • 630 Words
    • 3 Pages

    TASK1 1. Constituion of Australia 2. It controls the government of Australia 3. Legislative,executive and judicial power 4. Legislative power writes the law 5.…

    • 630 Words
    • 3 Pages
    Decent Essays
  • Superior Essays

    Question #1: The first compromise was the decision to replace the Articles of Confederation rather than amend it. The initial plan of the Constitutional Convention attendees was to amend the Articles of Confederation. Two attendees, Governor Randolph from Virginia and William Patterson from New Jersey, shared their own modifications early on, known as the Virginia Plan and the New Jersey Plan. As these plans were discussed, it became obvious that a new document was needed.…

    • 1229 Words
    • 5 Pages
    Superior Essays
  • Decent Essays

    1. Case Name: Burnham v. Superior Court Case Citation: 495 U.S. 604 (1990) Issue: If a person is in another state on business unrelated to a legal matter before a court, does that state have jurisdiction over that person? Rule of Law: If a person is physically in a state, then that State has jurisdiction over that person regardless of the reason they are in the state. Rationale: Due process is possible for each person within the state that has jurisdiction over the person.…

    • 411 Words
    • 2 Pages
    Decent Essays
  • Great Essays

    Essay On Federal Agencies

    • 1639 Words
    • 7 Pages

    The laws surrounding federal agencies are administrative laws. A statutory law is a law that is written, usually enacted by a legislative body. In addition, a common law, or case law, allows judges to render decisions based on the ruling of earlier cases. Common law is guided by the regulations set forth in federal of state statutes, but it does not rely exclusively on those written laws.…

    • 1639 Words
    • 7 Pages
    Great Essays
  • Improved Essays

    Discuss the dual court system in the United States, and the structure of the federal court system, and your home state court system. The structure of the American court system has been viewed as complex and confusing as federal and state courts differ in jurisdiction, and types of cases that can be handled at the many different levels. The Supreme Court is the ultimate decision maker in cases that has been appealed regarding decisions made at the lower level of federal and state Supreme Courts. The dual court system operates within the boundaries of the state and federal court systems.…

    • 384 Words
    • 2 Pages
    Improved Essays
  • Great Essays

    Australian Legal System

    • 1683 Words
    • 7 Pages

    In order to support this idea, the history of the Australian legal system should be discussed. Australia is a common law country and the history of the Australian legal system stems from English common law system.2 Common law is judge made laws that are created based around areas that are not included. The judges are required to interpret legislation if there is a dispute about the meaning or how to apply an Act in a case. These interpretations then become part of the common law.3…

    • 1683 Words
    • 7 Pages
    Great Essays
  • Decent Essays

    Criminal laws are punishable, with determination of guilt. Actions taken against criminals can also be looked at as a deterrent for others to not partake in similar or the same actions. The four primary sources of law are the U.S. Constitution, statutes passed by Congress and/or state legislations,…

    • 301 Words
    • 2 Pages
    Decent Essays
  • Great Essays

    Hammurabi’s influence on punishment and modern society When reading Hammurabi’s code and reaching rule #22: “If anyone is committing a robbery and is caught, then he shall be put to death. ”1 We may agree that it is or it is not the most suitable punishment; however, such punishment is considered just when the code is written to enforce the importance of these rules. In today’s society, the punishment for similar crimes became more lenient than the codes during Hammurabi’s rule as society has grown more merciful and not all crimes are considered equal. Today the code is applicable to the definition of the crimes only, but the punishments for them has shifted over time from the literal letter of the code to a more what we would call…

    • 1096 Words
    • 5 Pages
    Great Essays
  • Superior Essays

    South Carolina’s judicial branch of government is notably distinctive when compared to other state’s judicial institutions. South Carolina’s judicial system has drastically evolved over the past fifty years. The state has made great progress in modernizing the structure of its judicial system and its operating procedures in spite of the state’s reputation of being hesitant to change. I believe that South Carolina’s judicial system is one of the better systems in the country because of the progress the state has made restructuring the system and developing a more professionalized and independent judiciary. South Carolina’s unified judicial system consists of six courts: the Court of Appeals, Circuit Courts, Family Courts, Probate Courts, Magistrate…

    • 1210 Words
    • 5 Pages
    Superior Essays
  • Improved Essays

    Duel Court System

    • 729 Words
    • 3 Pages

    The intent for the development of so many courts is apparent; to deal with crime. However, it can be argued that the vast number of courts detracts from the imposition of justice throughout the country. It appears to be the causation of different standards that effect punishments, and without standardization the system is unfair, and thus, collectively unjust. One standard across the board, would appear to be the most beneficial for every member of society.…

    • 729 Words
    • 3 Pages
    Improved Essays
  • Superior Essays

    Comparison and Distinction of the U.S and Nevada Constitutions Xitlali Salas 1 A Comparison and Distinction of the United States and Nevada Constitutions As the foundations and frameworks for a government, constitutions play crucial roles in shaping the way a state and nation are run. While the Constitution of the United States outlines the way the federal government is run and act as the supreme law, each state has its own constitution to lay out the way its own government will run.…

    • 982 Words
    • 4 Pages
    Superior Essays
  • Improved Essays

    I believe that the diversity of state laws and procedures has many benefits but also many disadvantages. On the one hand, it allows a state to be more flexible, and establish laws that better suit that particular state. On the other hand, however, it becomes a complex issue when every state contains different laws, which generally can confuse people. In the present, we do know that there is no uniformity of all laws nationwide.…

    • 961 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    The Constitution was drafted in 1787 and ratified by the states in 1789. In the Case of Marybury v. Madison, the Supreme Court ruled that it had powers to interpret the Constitution. According to legal resources, constitutional law deals with the fundamental principles by which the regime exercises its ascendancy. In some instances, these principles grant concrete powers to the regime, such as the puissance to tax and spend for the welfare of the population. Other times, constitutional principles act to place limits on what the regime can do, such as enjoining the apprehending of an individual without sufficient cause.…

    • 729 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Under the U.S. federal system of government, the powers of each level of government are clearly defined and understood. At the top, the U.S. Constitution is the supreme law of the land. All levels of government must obey the Constitution. For example, no state or city can require public officials to do things that are prohibited by the U.S. Constitution. State constitutions set up rules that govern the people of each state.…

    • 578 Words
    • 3 Pages
    Improved Essays
  • Decent Essays

    The United States is a strong believer of federalism. Federalism is the agreement for the federal government to stay out of the independent state government and to only worry about laws that are governed by the Constitution. Therefore, society can have different laws in every state and things that are legal in one state may not be in the other.…

    • 389 Words
    • 2 Pages
    Decent Essays

Related Topics