The United States Legal System

The legal system (the game’s instructions) covers the national government system and another one for each and every state. The federal government and each state government are based on one constitution; each government is divided in three branches and each one is capable to supervise and regulate each other.

The three branches are the executive, legislative, and judicial. Each state has a high level of independency from the federal government and can implement its own system of laws. Nevertheless, the state laws have to conform to the federal constitution, the federal laws and the international treaties. If there is conflict among the laws, the federal one will prevail over the state.

Executive Power:

This is headed by the president who along with the vice president are elected in national elections every four years. For presidential elections US citizens cast their vote for presidential candidates which equals the number of senators and representatives of their states in Congres (535). The presidential candidate who receives the most votes in each state gets all of the electoral votes for that state. The presidential candidate needs 270 electoral votes to be elected. If none of the candidates gets the majority, the House of Representatives makes the decision. Any born U.S. citizen, age 35 and over can be elected for this position.

Legislative Power:

It is made up of the Senate and the House of Representatives. The 435 seats in the House of Representatives are distributed according to the number of population, even though each state has at least one representative. Each state elects two members of the 100 that are in the Senate. A senator’s term is for six years. Both houses have to approve a bill which then becomes a law, but the president can veto it. In that case, Congress reconsiders the bill. If two thirds of the House members approves it, the bill is passed and becomes a law, even without the president’s signature.

Judicial Power:

The judicial branch of government is made up of the federal district court system, 11 courts of appeal, and the Supreme Court. The federal judges are appointed by the president, with the Senate’s approval.  The federal court system decides on cases related to the federal law, conflicts among the states or citizens of different states. Whoever thinks that its been sentenced under an unfair law, can appeal the case and take it up to the Supreme Court, who can then decide if the law is unconstitutional and if it is then that law is annulled.

Every constitutional amendment must be approved by two thirds of each house in Congress and at least 3/4 of the states must be present to vote. The constitution has been amended 27 times; the first 10 amendments (Bill of Rights) guarantees individual freedoms. The others ones describe the fight for justice equality for the people. Every state has some form of district courts, appeal courts and a supreme court.

The federal court system has federal district courts, appeal courts and the Supreme Court of U.S., which is the highest court in the country, as well as special courts and administrative courts such as immigration courts.

Civil and Criminal matters

Usually two types of cases are presented in court: civil and criminal:

1. Civil Case is one in which an individual has disagreements and controversies with another individual or business or when the government has taken adverse decisions against him/her. Civil cases are usually related to controversies dealing with money, services, rights, personal injuries caused by someone’s negligence, family law, business disputes, real estate, work discrimination, bankruptcy, unemployment benefits, family matters, etc.
2. Criminal Case is one where the state accuses an indivual for having committed a crime (assault, robbery, rape, riots, fraud, murder, etc.) it can be a felony or misdeaminor. The first ones cover violations of criminal law or estatute and the procedure can result in a fine, loosing a privilege such as driving, parole, or incarceration. Normally criminal cases are initiated by the police. The case is presented to the court by a state attorney or a public defender.

In order to win a game you have to know how to play it.  This same philosophy applies to the people of this country.  If you have any more questions about this subject or any other related to your legal rights, we are here to help you.