Tuesday, March 15, 2011

The U.S. legal system

Legal sources

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The constitutional committee is based on the official document defining the general powers. The Federal Constitution is derived from the SU Constitution. The constitution of the state is derived from the constitutions of individual states.

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The tools and supplies are transferred to the law of federal, state or local level.

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Common Law is based on the idea forward - as the courts have interpreted the law. general law, the facts in each case is determined and compared to previous cases with similar facts, in order to make a decision accordingly. common law is in first place at the state level. It 'started in the 13th century, when the judges of the king began to record decisions and reasons for decisions.

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Administrative law - federal, state and local levels. Administrative law is made by administrative bodies that define the intent of the legislature that passed the law.

The sources of law are vertical and horizontal dimensions. vertical dimensions are the federal, state, and concurrent jurisdiction. Federalism refers to this form of government in which there are national and local authorities. The federal government covers patent law, pension and profit-sharing and labor issues. State authority covers a professional association, contracts, and trade secrets. concurrent authority covers security law, tax law, labor law. Note that the labor laws concerning non-union relations, labor law, refers to industrial relations.

The horizontal dimension has to do with separation of powers between the executive, the creation of administrative law, the legislature, the creation of laws and the judiciary, which creates the common law. The judicial system in the United States has a pyramidal structure that is less than top-level tribunals and the courts below:

- Supreme Court -

appellate courts --------- ---------

-------------------- --------------------- Trial Courts

In fact, there are two pyramids - one for federal courts and a state court. State courts tribunals may use different terminology, for example, the courts can be called common pleas, courts of appeal may be called superior courts or courts of the Commonwealth.

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