Overview of U.S.
Legal Concepts
Copyright © 2015 Carolina Academic Press. All rights reserved.

THE U.S. SYSTEM OF
GOVERNMENT
Copyright © 2015 Carolina Academic Press. All rights reserved.

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The U.S. legal system is based on a system of federalism
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It has a dual system of government, composed of a federal and state system
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It is based on decentralization
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The individual states retain powers not specifically enumerated as exclusively federal
DUAL SYSTEM OF
GOVERNMENT
Copyright © 2015 Carolina Academic Press. All rights reserved.


Federal and state constitutions provide a framework for governance at the federal and state levels

The framework calls for three branches of government:
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Legislative


Executive
Judicial
BRANCHES OF
GOVERNMENT
Copyright © 2015 Carolina Academic Press. All rights reserved.


Legislative branch enacts statutes that are subject only to constitutional restraints

Executive enforces and implements statutes via administrative regulations
LEGISLATIVE AND EXECUTIVE
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
Judicial branch is composed of courts that interpret statutes and create laws in situations not addressed by statute

The federal and the state system each has its own set of courts with its own trial courts and appellate courts
JUDICIAL
Copyright © 2015 Carolina Academic Press. All rights reserved.

THE COURT SYSTEM
Copyright © 2015 Carolina Academic Press. All rights reserved.


Each state as well as the District of Columbia and the federal government has its own court system
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Each court system is a separate jurisdiction
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Jurisdiction generally is:
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Power of a court to exercise authority over a matter
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Area over which the courts of a particular system have the power to resolve disputes
THE COURT SYSTEM
Copyright © 2015 Carolina Academic Press. All rights reserved.

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Structure of the court system is hierarchical

Courts are organized along a vertical structure
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The position of a court within that structure has important consequences
Copyright © 2015 Carolina Academic Press. All rights reserved.

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Three-tier structure is typical of state and federal courts
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Lower “trial” court: fact-finding
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Intermediate “appellate” court: appeals from the lower court
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As of “right” from final orders
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High or “Supreme” court: appeals from the intermediate court

Discretionary
THREE TIER STRUCTURE
Copyright © 2015 Carolina Academic Press. All rights reserved.

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