The United States legal system is based on the U.S. Constitution and divided into three branches of government at both the federal and state levels. It includes multiple sources of law from constitutions, statutes, regulations, and case law. The court system is hierarchical with trial courts, intermediate appellate courts, and highest appellate courts. A case typically progresses from trial court through the appellate process. Precedent from higher courts is mandatory authority that lower courts must follow, while decisions from other jurisdictions or secondary sources are persuasive but not binding.
What's the difference between the federal and state court systems? Criminal and civil cases? Constitutional, statutory and administrative law? This brief overview hits the highlights.
The basics of the U.S. legal system, including types of law (constitutional, statutorial and administrative), types of offenses (criminal and civil) and an explanation of how the appeals process works.
I presented this presentation to the Fatih University in Istanbul Turkey. I discussed why the American legal system is unique by giving the history behind our government and laws.
What's the difference between the federal and state court systems? Criminal and civil cases? Constitutional, statutory and administrative law? This brief overview hits the highlights.
The basics of the U.S. legal system, including types of law (constitutional, statutorial and administrative), types of offenses (criminal and civil) and an explanation of how the appeals process works.
I presented this presentation to the Fatih University in Istanbul Turkey. I discussed why the American legal system is unique by giving the history behind our government and laws.
This is a self-explanatory powerpoint lecture with information concerning the NCFCA resolution for 2015. Resolved: That the United States Federal Court system should be significantly reformed.
United States Federal Government Structure for International StudentsMolly Nichelson
I'm currently a graduate student in USC's Price School of Public Affairs, International Public Policy and Management program (IPPAM). The majority of my classmates are foreign nationals and they asked me to give a presentation on the US Federal Government structure. It's a basic overview but they were keenly interested in lobbying and PACs.
Military Commissions details LtCol Thomas Jasper as Detailed Defense CounselThomas (Tom) Jasper
Military Commissions Trial Judiciary, Guantanamo Bay, Cuba. Notice of the Chief Defense Counsel's detailing of LtCol Thomas F. Jasper, Jr. USMC, as Detailed Defense Counsel for Abd Al Hadi Al-Iraqi on 6 August 2014 in the case of United States v. Hadi al Iraqi (10026)
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptxanvithaav
These slides helps the student of international law to understand what is the nature of international law? and how international law was originated and developed?.
The slides was well structured along with the highlighted points for better understanding .
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
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12. Primary Authority
• Primary authority is the law itself.
– Constitutions
– Statutes
– Administrative regulations issued pursuant to
enabling legislation
– Case law
13. Secondary Authority
• Secondary Authority is all legal materials
that are not primary authority or finding
aids. Secondary authority includes
-encyclopedias
-law reviews
-treatises
-ALR
• Secondary authority is never binding on a
court.
18. MANDATORY
• Authority that a court MUST follow
• Typically, a higher court in the jurisdiction.
Example:
– All IN trial courts must follow the IN Supreme Court
and the IN Court of Appeals
– IN Court of Appeals must follow IN Supreme Court
• On U.S. Constitutional matters only, even
state courts must follow US Supreme Court
20. PERSUASIVE
• Authority which carries some
weight but is not binding or
mandatory.
• Can be primary or secondary
authority.
– Based on opinion of sister court (primary-
persuasive) OR
– Legal scholar (secondary- persuasive)
22. Review
• The Constitution is the supreme law of its
jurisdiction and 51 major jurisdictions in the U.S.
• Three branches of government in each
jurisdiction - Executive, Legislative, and Judicial.
Each branch produces legal materials.
• Primary Authority and Secondary Authority
• The court systems of the United States and of
each of the states.
• Mandatory and persuasive authority
Editor's Notes
Article III, section 1: one Supreme Court and such inferior Courts as the Congress may from time to time ordain and establish
Article I, section 1 of the Constitution creates the Legislature
Article II, Section 1 : executive power vested in the President
Bills, Session laws, statutes
Governor and State Cabinet = administrative agencies
President & Cabinet = Administrative Agencies, Administrative Law Judges
Sometimes referred to as the Fourth Branch of government – Administrative Branch
