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The Laws of the United States are based on the English common law. Modernly, in addition to case law, statutory laws have been widely used. Therefore, the legal authorities encompass U.S. and State Constitutions, federal and state statutes, treaty and executive agreement, executive orders and applicable case laws in the jurisdiction, etc. There are various ways to classify laws: substantive law (determining the merit of case) and procedural law (determining the formalities of proceeding), civil law (providing rights and duties as between parties with equal legal status) and criminal law (deterring, punishing, and rehabilitating offenders), statutory and case law, federal and state law, etc. As per the separation of power, the power of legislation vests in the U.S. and state Congress. The Congress, including Senate and House of Representatives, passes laws, subject to the approval of the President. The judicial power vests in federal and state courts, which enforce and interpret law, but not make law. The President, where the executive power vests, can issue executive orders. The President has little authority to act against the Congress's will over internal affairs. In contrast, the President has paramount power to represent the U.S. in foreign affairs and to send army to foreign land. Probably that is why some other nations deem the U.S. as an arbitrary country in international affairs. The federalism system provides two hierarchies of laws and legal systems: federal and state systems. Federal government and every state have their own legislative, administrative and judicial bodies. The federal legislature has enumerated powers to enact, while all other powers are vested in the state legislature and people. However, the federal power actually is plentiful and dominative. |
The most authoritative law is the U.S. Constitution, which regulates the governmental behavior. All other law and governmental actions are subject to the scrutiny under Due Process and Equal Protection Clauses. If they run afoul of the Constitution, they may be challenged, and would be declared unconstitutional and invalidated. Once a law becomes effective, it must be strictly followed by all governmental agencies, organizations and individuals. Any person or entity can not breach a law unless there is a good faith allegation to challenge its validity. The person who breached law risks civil and/or criminal liabilities, while the victim may be remedied. Any person or entity may file a civil action against another if he believes there is a case or controversy. The allegation should not be frivolous. The government may prosecute a person if it has probable cause to believe criminal law is violated. The court must have jurisdiction to bring the defendant before it and hear the case. State court generally can hear a case as long as it satisfies personal jurisdiction. Federal court can not hear a case unless it has both personal and subject matter jurisdiction, as well as a proper venue. In judicial proceeding, jury usually is the trier of fact and judge is the trier of law. Both opposing parties must offer documentary, physical or testimonial evidence to satisfy his burden of proof, subject to cross examination. The parties also need cite the applicable legal authorities and argue the case. Finally, the judge makes the final judgment based on the jury's verdict. The final judgment and some interlocutory orders are appealable. Since there is a complex and powerful legal system in the U.S., seeking legal consultation is advisable whenever one is going to make a decision of consequence. |
