Introduction
The people of the United States are entitled to many rights and liberties provided by the constitution. In the same vein, the primary goal of American laws is to ensure that these rights and freedoms are not violated. The American constitution establishes the federal government system. Additionally, this constitution allocated specific powers to the federal and state governments. All the states have their constitutions and legal systems. The US legal system originated from the British system, and its structure and functions are clearly defined. Despite the challenges that have dogged the US legal system, it has been designed to maintain law and order by solving disputes and protecting the rights and freedoms of the people.
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Background
A legal system refers to a process used for legal interpretation and implementation. Additionally, there are different legal systems in different parts of the world (Legal Information Institute, 2021). The legal system of the United States was derived from the British system. This system was created with the aim of developing standards that would promote acceptable behavior and mete punishment for all forms of violation. The US legal system also creates enforcement systems while focusing on dispute resolutions. Achieving the common good is the ultimate objective of the US legal system.
In the US, lawmaking occurs at the federal and state levels. Statute is the term that describes the laws that the legislative agencies adopt. The federal and state courts are tasked with implementing statutes and creating law (FindLaw, 2008). Beginning with the federal statutes, it is reported that the American constitution empowers Congress to implement federal laws. One statute that Congress has adopted is the Copyright Act. The constitution posits that states take charge of powers that are not under the mandate of Congress. Lawmaking at the federal level starts when a bill is introduced into the house.
Many bills are taken to the standing committees and subcommittees to be analyzed. After that, the bills are debated before a vote is done. Any differences emerging from the Senate and Congress regarding a bill can be addressed in joint committees (FindLaw, 2008). Following approval of the bill by both houses, it will be taken to the president for assent. Upon signing, it will be law. If the president vetoes the law, it will only be law when both houses override the veto. However, it must be emphasized that two-thirds of the house members must consent for this to happen.
State legislatures are empowered to pass laws that touch on issues where jurisdiction is shared with Congress regarding the state statutes. A perfect case of common jurisdiction is trademark law. The federal government assumes total jurisdiction in other matters such as copyright (FindLaw, 2008). On the other hand, states can pass laws where the constitution fails or is unable to provide the federal government with jurisdiction. However, it must be noted that lawmaking at the state level follows the same process adopted and implemented at the federal level.
Functions of the US Legal System
Particular roles define the US legal system. At the helm of this system are the courts. The legal system is charged with implementing statutes and ensuring that they are appropriately interpreted. In addition, it is given the right to invalidate bad laws and design laws in places that are not under the statutes (FindLaw, 2008). There are different roles that court discharge. One is enforcement, an example being a suit filed against copyright infringement. The second role of the courts is interpretation. On the same note, Copyright Act holds that copyright in any task an employee creates within the bounds of his work is owned by him. “Employee” as a term is not defined by the Copyright Act. A Supreme Court case in which this term is defined demonstrates the interpretation function of the courts.
The other function of the court is invalidation. The courts can nullify bad laws. Unconstitutional or bad laws describe the laws that are not in tandem with the constitutional provisions. The constitution, in this case, remains America's supreme law (FindLaw, 2008). Most of the constitutionality issues comprise claims holding that law conflicts with the bill of rights. For example, the Supreme Court abolished the state law that barred women from committing abortion.
This was during Roe vs. Wade. The court held that the statute did not respect the privacy right of pregnant women. The last function of the courts is lawmaking. In this case, laws are created by the courts for areas that are subject to the common law. The places not under statutes are covered by the common law (FindLaw, 2008). For instance, in most states, common law guards individuals' private and assembly rights instead of the statutory laws.
Structure of the Legal System
Focus has also been placed on the court structure. Beginning with the federal structure, it is noted that the United States' constitution establishes the Supreme Court. Congress can create lower federal courts (Federal Judicial Center, 2016). Moreover, the federal courts can be separated into two types of courts. On the one hand, are the district courts, while on the other are the circuit courts of appeals.
District courts refer to the initial courts within the federal system. The US has about 94 district courts. Additionally, every state has at least a single district court. The district judges hear the cases. Besides the district judges, other judges are found in district courts. In addition, bankruptcy judges, for example, deal with bankruptcy cases (Federal Judicial Center, 2016). Magistrate judges discharge judicial roles supervised by district judges.
The next level is the circuit courts of appeal. About 12 of these courts can be found in various places around the nation (Federal Judicial Center, 2016). A three-judge panel hears appeals that come from district courts. Moreover, these courts listen to appeals drawn from decisions made by the federal administrative agencies. The federal circuit is not a regional circuit court. It deals with appeals coming from specialized cases, for example, cases to do with patent laws.
They also handle cases filed against the federal government. The Supreme Court comes above the federal court and comprises nine justices hearing and resolving cases (Federal Judicial Center, 2016). The Supreme Court uses its discretion to handle appeals from circuit courts of appeals and state courts, and this is largely seen when the appeal has to do with federal law or the constitution of the United States.
State courts are also part of the US legal system. Their structure varies among states. The court system in every state is characterized by unique features (FindLaw, 2008). Despite this, there could be generalizations. In many states, the courts have limited jurisdiction. They are generally presided over by one judge who handles minor cases. On the other hand, states have trial courts also presided over by one judge. In most cases, the trial courts are called circuit courts and handle significant cases.
It is also reported that specialized courts can be found in some states. These courts only listen to specific types of cases, for instance, traffic cases. It is also important to note that a higher court can be found in every state, commonly referred to as the Supreme Court. These courts serve the purpose of appellate courts (Federal Judicial Center, 2016). Furthermore, the court of appeals can be found in many states. Their objective is to handle appeals that come from trial courts. In any case, involved parties are entitled to the right of appeal, which cannot be taken away.
In discussing the US legal system structure, the courts' administration has also been analyzed. The judicial branch is distinct from the legislature and the executive. There is a need to promote and maintain the independence of the judiciary (Newman, 2020). For this to happen, court administration is controlled by judicial branches. Different tasks comprise court administration. They include articulating trial rules, presenting the appellate framework, handling court budges, and analyzing the performance of courts (Federal Judicial Center, 2016). Other tasks include assessing disciplinary issues within the judiciary and providing judges with ongoing educational initiatives.
When it comes to the federal judiciary, the US judicial conference has 27 members, including the chief justice and judges from all geographic regions. The judicial conference takes charge of the courts' general administrative roles (Federal Judicial Center, 2016). Furthermore, it wields power to make policy on how the government's judicial branch operates. Helping the judicial conference are committees comprising federal judges. The role of these judges is to assess various sections of the federal courts to come up with suitable recommendations. A major task of this conference is developing and articulating changes to do with the procedural rules federal courts use.
There are different administrative branches that Congress has created in the judicial branch. Administrative Office of the U.S. Courts oversees the daily court operations such as supplies and payroll. The other branch is the Federal Judicial Center, which provides judges and other judicial officers with education and training programs (Federal Judicial Center, 2016). In addition, it conducts research in areas that cover operations of courts and their administration. The last branch is the U.S. Sentencing Commission. This branch is charged with the responsibility of creating advisory directives to help judges at the federal level make good decisions.
State supreme courts in many court systems have a general administrative mandate. They get help from administrative offices. The chief justice in these supreme courts wields power to appoint officers (Federal Judicial Center, 2016). The US president has the ultimate power to appoint Supreme Court judges and other judges operating in circuit courts and the district courts. However, this will only happen after Senate overwhelmingly votes in favor of the names that have been recommended for appointment. The president will nominate individuals for the positions of judges.
The appointed people are always renowned lawyers, judges of the lower courts, and law scholars. The salaries of the judges can never be reduced once appointed. Removal of the federal judges can only occur through the process of impeachment. In this case, the House of Representatives presents charges and the Senate is given the power to conduct the trial (Federal Judicial Center, 2016). Throughout American history, impeachment has only been done on a few judges. On the same note, impeached judges were guilty of serious misbehavior. Furthermore, federal judges can provide independent decisions under these protections without political or external influence.
There is variation in the modes of selecting judges among states. They are mainly dependent on the kind of court. In addition, popular election is the most prevalent system of selection. Nomination by a commission is another method. In the latter, the governor appoints the judges after selecting from a pool of candidates presented by a commission comprising lawyers, lawmakers, citizens, and in other cases, judges (Federal Judicial Center, 2016). Popular election is the primary method used to select judges in most states. It is required that potential candidates meet some prerequisites, such as having practiced law for some time.
The terms of service are specified for the state judges except for a few exceptions. Every state has procedures that oversee the judicial officers' conduct, termination, and discipline (FindLaw, 2008). Judicial candidates in the federal and state systems are mainly lawyers with massive work experience. Judges are not taken through a specific training course. In addition, there is no examination. In other states, judges are required to participate in continuing education programs to keep abreast of modern development in the legal field (Federal Judicial Center, 2016). The judicial system provides judges and prosecutors with beginning programs in order to bring them to speed with the legal operations. Thereafter, they can access continuing education programs.
Prosecutors are part of the justice department, a component of the executive arm of government. The US attorney general in charge of the justice department is an appointee of the president following approval from the Senate. US attorneys are the lead prosecutors in court districts and presidential appointees (Federal Judicial Center, 2016). The Federal Bureau of Investigation (FBI) is an agency within the justice department. The primary objective of the FBI is to investigate crimes. On the other hand, an attorney general is found in every state whose election is done by the citizens. Prosecutors are also present in various state regions and are referred to as state attorneys.
The legal system of the United States employees an adversarial process. The layers are crucial to this process (Federal Judicial Center, 2016). They are tasked with presenting the evidence of their clients to the court. They also present legal arguments. Facts are determined by a trial judge based on the presentations made by the lawyer. The law is then applied to make a decision prior to entering a judgment.
People have the right to free representation in US courts. However, lawyers tend to play an essential role in arguing cases successfully. Those who cannot afford a lawyer could obtain one from a legal society (Federal Judicial Center, 2016). The courts can appoint an attorney to represent crime suspects who cannot hire a lawyer. This is done to ensure fairness during the prosecution process.
Licensing of US lawyers is done by states where they practice. This is to imply that no recognized authority or agency authorizes lawyers. Potential applicants will need a law degree from accredited institutions (Federal Judicial Center, 2016). A law degree in the US is a postgraduate degree awarded after a 3-year course. In general, four years of university education are completed prior to joining a law school. Moreover, it is a requirement that potential clients seeking a license do well in written examinations in many states.
They must also meet some character standards. In other states, lawyers could be admitted to the bar because of their membership to another state's bar. States can also provide non-state attorneys in order to practice in a specific case concerning some conditions (Federal Judicial Center, 2016). Furthermore, it is submitted that lawyers could be involved in all forms of practice. There is informal specialization even though there is no recognizable difference among the forms of legal practice.
Challenges of the US Legal System
However, the US legal system has faced numerous challenges like other legal systems. Some of these challenges include the slow pace of handling disputes; the fact that it is costly; cases of missing files; and conflicts that are not addressed (Newman, 2020). Moreover, more people with legal issues lack access to free and fair representation; the courts decide very few cases, and most claims fail to reach the courts.
On the other hand, increased caseloads pose significant risks that might have serious repercussions. A perfect case is that the distinct nature that sets the court system apart will be lost. According to Gibney (2020), concern over the American legal system's challenges is not new. On the same note, it must be noted that close to a century back, people were already whining over the legal process's failure to live up to its potential.
The main concern surrounding the American judicial and court systems is the high cost and massive delays in expediting cases. The long and unnecessary bureaucracy has seen people spend a lot of money before cases are successfully expedited (Gibney, 2020). The focus must be placed on ensuring that opportunities are expanded to expedite cases comprehensively and fairly.
The American legal system is guilty of unintentionally establishing a process in which cases take a long period before going to trial and being discharged in the best way possible. Because of the delays and high costs, many people have been driven away from the courts (Newman, 2020). Others have been forced to abandon their claims and seek other forms of arbitration. This has, in turn, left many people without the chance to have their legitimate issues addressed.
These challenges have necessitated structural reforms within the American legal system. Until such a time that the US legal system will preserve its distinct role as a free and fair arbitrator, issues are bound to arise (Newman, 2020). How perfect the legal system works would indicate whether their role will be maintained now and into the future or whether the issues mentioned above will persist.
Conclusion
In summary, the American legal system has been designed to protect citizens' rights and freedoms. However, the fluidity of this system has been dogged by numerous challenges that have necessitated the implementation of structural reforms. The situation reveals a legal system that is not in touch with the issues of the general public, prioritizing special interests at the expense of the common citizen. This has primarily been attributed to the efforts aimed at manipulating the judiciary. There has never been a better time to start dealing with these challenges. The independence of the judiciary is key to achieving successful democracy.
Courts are perfect avenues for people to achieve their rights, especially with strong opposition from rich and powerful forces that control the system. Moreover, though the present judiciary has been unable to meet the set standard, it can restore its independence. To achieve this, lawmakers must move with speed to implement structural changes. By focusing on the structures of the American legal system, the future will see legal determinations made by a free and fair judiciary. More important will be a legal system whose decisions are founded on law and not ideological views and preferences.
References
Federal Judicial Center. (2016). The U.S. Legal System: A Short Description. https://ar.usembassy.gov/wp-content/uploads/sites/26/2016/03/U_S__Legal_System_English07.pdf
FindLaw. (2008). US Legal System. https://corporate.findlaw.com/litigation-disputes/the-u-s-legal-system.html
Gibney, B. (2019). Dysfunctional Justice: What’s wrong with the U.S. Legal System? https://knowledge.wharton.upenn.edu/article/dysfunctional-justice-whats-wrong-with-the-us-legal-system/
Legal Information Institute. (2021). Legal Systems. https://www.law.cornell.edu/wex/legal_systems
Newman, J. (2020). The Current Challenge of Federal Court Reform. California Law Review, Vol. 108, No. 3, June 2020
