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The US Legal System

  • Overview: The US legal system consists of one federal system and 50 unique state systems.
  • Federal Courts: Federal government administers courts like US Tax Court and US Bankruptcy Court.
  • State Courts: State governments manage courts such as traffic and small claims courts, as well as medical licensing acts.
  • Criminal Cases: The majority of criminal cases start in state courts.

Court Structure

  • Levels of Courts: Most states have three levels of courts:
    • Trial Courts
    • Appellate Courts
    • Supreme Courts
  • Jurisdiction: Refers to the authority of a court over:
    • Subject matter of the case
    • Geographic territory
    • Persons involved in the case.
  • Appellate Courts: Can review decisions made by lower trial courts.

Separation of Powers in Government

  • Three Branches: The US Constitution divides government powers into:
    • Legislative (Congress)
    • Executive (President)
    • Judicial (Courts, including Supreme Court)
  • Checks and Balances: Each branch functions independently, complementing but not overpowering the others.
  • Legislative Branch: Responsible for making laws; includes Senate and House of Representatives.
  • Executive Branch: Enforces laws; includes the President and advisors.
  • Judicial Branch: Interprets laws; includes judges and federal courts.
  • Legislative Process:
    • Congress can propose laws, which the President can veto.
    • A two-thirds majority in Congress can override a veto.
  • State Constitutions: Each state has its own constitution that mirrors the US Constitution, including provisions for separate branches of government.

Sources of Law

  • Laws Definition: Enforceable rules established by government authorities.
  • Categories of Law:
    • Constitutional Law: The highest authority, governing the role and powers of government entities, based on the US Constitution and state constitutions.
    • Statutory Law: Laws enacted by legislative bodies, includes written codes and regulations.
    • Regulatory Law: Made by government agencies, often legislated by enabling legislation (e.g., FDA regulations).
    • Common Law: Established by judges through court decisions; evolves over time based on case interpretations.

Statutory and Regulatory Law

  • Statutory Law Process:
    • Statutes begin as bills proposed in Congress or state legislatures.
    • Bills must go through committees and are subject to votes in both legislative houses.
    • Signed by the President or Governor, or they become law without action.
  • Public Law: Laws applicable to public interest, with categories including:
    • Criminal Law: Addresses offenses against the state.
    • Administrative Law: Governs regulations set by agencies.
    • Civil Law: Concerns disputes between individuals or between individuals and the government, including tort law and contract law.

Tort Law

  • Definition of Tort: A civil wrong that results in harm or injury, eligible for monetary compensation.
  • Types of Torts:
    • Intentional Torts: Deliberate actions causing harm (e.g., assault, battery, defamation, fraud, invasion of privacy).
    • Unintentional Torts: Often negligence, arise from failure to meet the standard of care.
  • Assault: The threat of harm causing fear.
  • Battery: Actual harmful contact without consent.
  • False Imprisonment: Confining a person without legal justification.
  • Defamation: False statements damaging reputation (slander and libel).
  • Fraud: Deceptive practices causing defined harm.
  • Negligence: Failure to exercise a reasonable standard of care, basis for medical malpractice lawsuits.

Contract Law

  • Definition: Governs legally binding agreements between parties.
  • Essential Elements:
    • Offer
    • Acceptance
    • Consideration (something of value)
  • Types of Contracts:
    • Expressed Contracts: Clearly stated terms (written or verbal).
    • Implied Contracts: Inferred from actions or circumstances.
  • Breach of Contract: Non-fulfillment of contractual obligations.

Public Law

  • Criminal Law: Defines crimes against the state, not individuals.
    • Evidence must prove guilt beyond a reasonable doubt.
    • Classifications include felonies (serious crimes) and misdemeanors (lesser offenses).
  • Administrative Law: Regulations set forth by governmental agencies; healthcare professionals face civil and sometimes criminal penalties for violations.

The Court System

  • Levels of Courts:
    • Federal Courts: District Courts, Court of Appeals, US Supreme Court.
    • State Courts: Trial Courts, Appellate Courts, State Supreme Courts.
  • Jurisdiction and Types of Cases:
    • Federal cases involve federal law, government as a party, diversity over $75,000, and certain criminal cases.
    • State courts handle family law, property, and lesser civil matters.

The Trial Process

  • Overview: Determines facts using evidence and legal principles.
  • Steps:
    • Grand Jury proceedings for criminal cases.
    • Jury selection, opening statements, presentation of evidence, cross-examinations, and closing arguments.
    • Verdict determination by jury or judge.
    • Appeals process if a party seeks to challenge the verdict.
  • Legal Burden:
    • Civil case: Preponderance of evidence (more likely true than not).
    • Criminal case: Beyond a reasonable doubt.

Summary Judgment and Settlements

  • Summary Judgment: Request to the court when no material facts are disputed, potentially concluding the case without a trial.
  • Settling Out of Court: Parties reach agreements outside trial processes, often through negotiation.