LegalEase Solutions

sony · Joined: 12 Jul 2007 Posts: 1

It was my strong belief that the perfect example of a federal polity is the United States of America. To my astonishment, the training gave me a better idea that it is not. An independent and impartial judiciary is an integral part of any federal system. I wonder how the system works with so many courts at various levels. It created a lot of confusion while we learned about the system. But, even more confusing and interesting was the question of interpretation of laws. To know about this concept, let’s have an idea about the sources of American law.

U.S law means the federal law and the State law. Federal law includes the federal Constitution, treaties and international agreements entered into by the state with other nations, federal statutes, federal case laws and federal common law. The State law includes the state constitution, statutes, administrative agency rules, case laws and state common law. Federal law is always superior when it comes to matters of national importance.

The U.S constitution, treaties and federal statutes are the supreme laws of the land. Treaties can be self executing or treaty contracts. Self executing treaties need to be ratified by congress before it becomes a law. This view supports the positivistic ‘theory of adoption’ .Case laws are also an important source. It is based on the principle of ‘stare decisis’, which means stick to the decision. A binding precedent of the Supreme Court becomes the rule in subsequent like cases. It is the ratio- reason behind the decision- that is applied by the courts inferior in like cases. Custom is another important source of law in any legal system. After the declaration of independence, the common law of England was Americanized by the states and later on it was applied by various courts. Custom, as a source of law needs generality of practice. The states should be obliged to implement it. Hence, it is not considered as a strong source.

The hierarchy of courts:

In the Federal System, the trial courts are named as District Courts. Then there is an intermediary court of first appeal, i.e. the Court of Appeal and at the highest level the Supreme Court. This is similar to both State and Federal system. In the Federal System, the highest court is the U.S. Supreme Court. One could also see special courts like probate courts. There is the Small cause’s court which has power to conduct summary trial in small claims.

The American federal system is very complicated when compared to that of other countries. I wonder how a constitution could declare that the terms of judges are for life. What would be the quality of judgments in such a system? With due respect, I am not able to find out a similar aspect elsewhere!

neethu · Joined: 12 Jul 2007 Posts: 2

The system in United States in which the Judges are appointed for life is something which made me also wonder as you wrote. I feel that, Judges are to be given a tenure upto a specific retirement age. Do you have any idea about the reason for this life term tenure.