For those who would be interested in this subject matter!
THE UNITED STATES LEGAL SYSTEM
The Three Branches of Government:
A. The Executive Branch - In the federal system, the executive power is vested in the President: in the states, it is vested in the governor. in general, the executive branch has the power to implement and enforce laws. It oversees public projects, administers public benefit programs, and controls law enforcement agencies.
B. The Legislative Branch - The second branch is the legislative branch. Congress's powers are enumerated in Article, I Section *, of the U.S Constitution, which gives Congress, among other things, the power to lay and collect taxes, borrow money, regulate commerce with foreign nations and among the states, establish uniform naturalization and bankruptcy laws, promote the progress of science and the useful arts by creating copyright laws, and punish counterfeiting. Powers not granted Congress are given to the states or left to the people. The state constitutions enumerate the powers given tot eh state legislatures.
Like the executive branch, the legislative branch exercises power over the other two branches. It can check the actions of the executive by enacting or refusing to enact legislation requested by the executive, by controlling the budget and , at least at the federal level, by consenting or refusing to consent to nominations made by the executive.
C. The Judicial Branch - The third branch is the judicial branch. Article III, Section 1, of the U.S Constitution vests the judicial power of the U.S. in one supreme court and in such inferior courts as Congress may establish. The state constitutions establish and grant power to the state courts.
Courts:
Both Fed. and State Courts are hierarchical in nature.
Three levels:
1. Trial Court - The tiral court hears witnesses and views evdience. Here the judge decides issues of law: the jury decides questions of fact.
2. Intermediate Court of Appeals - Here the court reviews the written record and exhibits from teh trial court. Decides only on the issue of law, does not care for issues of facts.
3. Supreme Court - Like the intermediate court of appeals the supreme or highest court has broad powers to review questions of law: It determines whether teh trial court and intermediate court of appeals applied the law correctly.
(Edited from "Just Research" by Laurel Currie Oates and Anne Enquist. Aspen publishers)
The United States Legal System
Started by NARINE, Jun 04 2007 09:28 PM
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