Understanding the U.S. Legal System

Prime Minister Modi and Indian Legislative System

• Current Leadership: Narendra Modi is the Prime Minister of India, leading the council of ministers.

• Parliamentary System: The leadership is promoted through parliamentary review.

Judicial System Complexity in the U.S.

• Federalism: The U.S. has a unique and complicated legal system due to its federal structure, which includes state and federal courts.

• Constitutional Significance: The U.S. operates under a written constitution that empowers judges significantly.

  • Judicial power enables court systems to interpret laws against the constitution.

Common Law vs. Civil Law

• Common Law:

  • Originates from English law post-Norman conquest.

  • Emphasizes case law, meaning precedents set by judiciary are crucial.

• Civil Law:

  • Derives from Roman law (Corpus Juris Civilis) and is code-based.

  • The legislature holds more power than the judiciary.

Judicial Review in the U.S.

• Definition: Judicial review allows courts to invalidate laws that violate the constitution.

• Comparative Power: Many countries, including the UK, do not have this level of judicial authority, as their courts offer advisory opinions only.

Structure of the U.S. Judicial System

• Supreme Court: Established under Article III of the Constitution; it holds the ultimate judicial authority.

• Judiciary Act of 1789: Created the three-tiered court system in the U.S.:

  • Supreme Court

  • U.S. Courts of Appeals

  • U.S. District Courts

Congressional Power over Courts

• Court Creation: Congress has the power to create and abolish lower courts, aside from the Supreme Court, as established by the Judiciary Act.

• Appellate Jurisdiction Control: Congress can limit what cases federal courts hear, potentially preventing courts from ruling on certain issues.

Types of Legal Systems: Adversarial vs. Inquisitorial

• Adversarial System (U.S.):

  • Involves competing lawyers and is likened to a 'trial by combat'.

  • Defense attorneys work for the accused and cannot disclose privileged information.

• Inquisitorial System:

  • Present in many countries, where lawyers are state-employed and must disclose confessions made by defendants, limiting privacy for accused individuals.

Comparison with Other Judicial Systems

• Germany and Japan: U.S.-style systems established post-WWII; both countries have judicial frameworks influenced by the U.S.

  • German Supreme Court: Comprises 16 judges elected by the legislature, serving 12-year terms, and has a form of judicial review but less potent than that of the U.S.

Key Historical Cases and Figures

• John Marshall: First Chief Justice known for establishing principles of judicial review through Marbury v. Madison (1803).

  • Significance: Influenced the role of the Supreme Court in U.S. and federal-state relations.