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American institutions

Par   •  8 Novembre 2018  •  1 192 Mots (5 Pages)  •  79 Vues

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-> 14th amendment (1868) : imposes a limitation of the powers of the States.

The Judiciary Act of 1789 :

Established officially the judicial courts. It left Congress the authority to create those inferior courts.

American Law :

First source of american law the Constitution. Second source : federal statutes

Second source : federal statutes

Third source : federal decrees (décrets), executive orders and regulations (règlements fédéraux). They are the same at the State level. Judges make the law.

Common law is the fact to deduce from previous cases, what rule to apply in a new case. Therefore, the cases are considered as a source of law.

Sources of American Law : federal law, state law, case law (in common law (the rule of the precedent) & equity (a body a rules which is a supplement to the common law, to make the legal system more complete)), the international law (a law between nations) and a doctrine (a rule of law that is used often, through the rule of precedent).

Shared law : adopted by many states or nations. First, the Uniform Commercial Code (UCC) is adopted by all the states. Vienna convention on contracts for the International Sale of Goods (CISG) is a uniform regime for contracts, for the international sales of goods. Also, Model Criminal Code it’s a similar laws in different jurisdiction.

Branches of American Law :

Private law : involves the relationship between the individuals (contract law : formation and performance of contracts ; tort law (droit de la responsabilité contractuelle)).

Public law : the relationship between the government and individuals. (Criminal law ; administrative law (executive orders, regulations & agencies regulations)).

The American Legal System :

It’s characterized by a dual system.

The US Supreme Court is the highest court of the federal system, and always sits in a panel of 9 justices. The Supreme Court has original jurisdiction. The most important power of the Supreme Court is the power of judicial review.

State courts :

Each state has is own system. The organisation is quite similar. We find a state Supreme Court, state courts of appeals, trial courts, and limited and specialized jurisdiction courts (among them, we can find domestic relation courts, or juvenile courts, traffic courts, housing courts, probate courts...)

State Courts jurisdiction :

Public or private law issues are dealt in the same courts.

The parties in a case :

In a civil action, the parties are known as the plaintiff and the defendant. In a criminal trial, the parties are the state and the defendant. For federal crimes, the party would be the United States and not the state.

Doctrine of constitutional review :

-The constitution does not expressly provide that the federal judiciary has the power of judicial review.

Article 3 provides that de federal judicial power « is extended to all cases arising under the constitution »

Article 6 requires judges to take an oath « to support this constitution » Article 6 also states that only laws « made in pursuance of the constitution » are the law of land

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