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nesirinvinod · Posted: Thu Jul 12, 2007 12:44 pm Post subject: THE AMERICAN SYSTEM OF LAW

A prudent person after analyzing and understanding the American Legal System may realize the complexity of American Law. The Constitutional Law is often contradictory. There is a debate over the topic Separation of Powers and the concept of federalism. The evolution of American law, like the Indian law is from the English Common law. Though the English Common Law was adopted in entirety American law went through drastic changes over the years. Case laws, customs, logic, precedents, local laws and rules, everything played an important role in shaping the American Constitution. When European settlers came to America they brought the French, Spanish and the Dutch laws. Eventually the framers of the Constitution framed it with the objective of providing fair and natural justice to all. The Constitution says about the wide powers of the State but often restricts the State’s power by making the federal supreme. For example, the United States Supreme Court has no power to decide on any issue of the State and so the State Constitutional rulings are immune from the reversal of the United States Supreme Court unless any federal subject is in dispute. The Commercial Clause of the Constitution grants the federal supremacy over the state law. The Legislature is vested with the power to abolish or modify the Common Law.

If we consider the hierarchy of law, starting from the highest to the lowest, federal constitution tops the hierarchy and the state common law is at the bottom. About the trial system we can say that there are three different stages in a trial: pre-trial, trial and post-trial stage. Trial courts have a single judge only. They conduct trial with or without jury depending on the type of the case and the choice of the parties. The judge has the power to punish for contempt of court. The trial court hears all the evidences and arguments presented by the parties. They determine the facts of the case and the application of the correct law to the facts. The facts cannot be changed or new facts cannot be presented on appeal. Pre-trial motions are conducted before the judge without the assistance of the jury. There are two appellate courts: the Intermediate Appellate Court and the Supreme Court. The judges of the Supreme Court are called Justices. The Intermediate Appellate Court may consist of 3 judges and the Supreme Court may have 5, 7-9 judges. In most of the cases right of appeal is granted only if discrepancies are obvious. The scope of appeal under the American legal system is much narrower.

Generally, when a pre-existing rule is in dispute, the constitution is subject to amendment and moreover the framers could not foresee of such a dispute. But still to the Americans, they hold their Constitution the Supreme Law of the land.