An Overview of Our Legal System

In the United States, the two prominent theories about the underlying design of fairness are consensus theory and conflict theory. the basic utilization of our good musical arrangement is to ensure fairness in equilibrate soul and social rights and needs,while preventing excessive government power. this balance mingled with individual and social rights and needs is represented by the scales of justice.

Our wakeless formation has its roots in the common natural law of England, the wee English judge-made law, based on custom and tradition, that was followed throughout the country. As a term in ameri underside law, common law is synonymous with case law. Inherent in the common law was the principle of stare decisis. Stare decisis requires that precedent set in one case be followed in all cases having resembling circumstances, thus assuring consistency in the law.

The Constitution ensures individual rights by limiting government power. and although the law, in fairness, must be consistent, it is also flexible. American lae is considered a living law because it can change along with society. In addition to common law, our legal system also relies upon case lae, statutory law-that is, law passed by legislature or governing bodies-and constitutional law.

Our legal system categorizes offenses into two specfic areas: civil and twist. Civil laws deal with personal matters and wrongs against individuals-called torts.



bend law deal with wrongs against society-called crimes. An act may be both a tort and a crime.

When civil or criminal laws are broken, the courts two main function are to narrow down controversies between parties and to decide the rule of law that apply in specific cases. The American legal system is made up of a number of necessary components. It is basically a two-tiered system consisting os state and federal courts.

Each tier includes specific levels of courts. The officers...

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