1. Read, translate and briefly outline.

KINDS OF LAW IN THE UNITED STATES

The United States of America is the fourth largest country in the world (after Russia, Canada and China). It is called the United States, the US, the USA, the States, America. The USA occupies the southern part of Northern America, Alaska in the north and some islands, including the Hawaii in the Pacific Ocean. The total area of the country is over nine and a half million square kilometers. The USA borders on Mexico in the south and Canada in the North. It has sea border with Russia, too. The western coast of the country is washed by the Pacific Ocean, and its eastern coast — by the Atlantic Ocean.

There are 51 basic legal systems in the United States: the federal system and a separate system in each of the 50 states. Although these systems are mainly similar, they also have important differences. For example, laws governing marriage and divorce are not the same in all states. The differences among legal systems exist because each of the original 13 states was previously sovereign(independent).

 

The US law consists of the following:

 

1. The constitutions of the United States and of the 50 states, and charters or constitutions for cities orcounties.

 

2. The statutes enacted by elected representatives.

 

3. Administrative law, and

 

4. Case law, as expressed in court decisions.

 

These four types of laws — constitutional, statutory, administrative, and case — are each created by federal and state governments. Local governments generally create only statutory and administrative laws.

1. Constitutional Law

Constitutions are the supreme sources of law. The federal Constitution of the USA is said to be «the supreme law of the land». This means that any state law – including a part of a state constitution – is void to the extent that it conflicts with the federal Constitution.

The Supreme Court of the United States is the final interpreter of the federal Constitution and each state supreme court is the final authority on the meaning of its state constitution.

The federal and state constitutions allocate powers:

1. between the people and their governments;
2. between state governments and the federal government;
3. among the branches of the governments.

The federal Constitution is the main instrument for allocating powers between persons and their governments. It does this with its first ten amendments to the constitution, called the Bill of Rights, which protect citizens from certain acts of their governments. Important rights of citizens are included in the Bill of Rights. They are:

1. freedom of religion;
2. freedom of speech, the press, and peaceable assembly;
3. security in person and property against unreasonable searches and seizures;
4. the right to remain silent if accused of a crime, and to have a speedy and public trial by an impartial jury;
5. protection from any cruel or unusual punishment if convicted of a crime;
6. the right to fair compensation for private property taken by the government for any public purpose;
7. protection from deprivation of life, liberty, or property without due process of law.

The federal Constitution allocates certain governmental powers to the federal government and certain other powers to the state governments.

State and federal constitutions allocate governmental powers among the three branches of government: the executive, the legislative, and the judicial. Constitutions do this to create a system of checks and balances among the branches so that no branch of government becomes too powerful.

2. Statutory Law

The Congress of the United States and federal legislatures are composed of elected representatives of the people. Acting on behalf of their citizens, these legislatures may enact new statutes.

All state legislatures have delegated some of their legislative authority to local governments. Thus, towns, cities, and counties can legislate in their own geographic areas on matters over which the state has given them authority. This legislation is created by a town or city council or by a county board or county commission. Legislation of this type is usually called an ordinance rather than a statute.

To be valid, the statute or ordinance must not conflict with the federal Constitution or state constitution.

3. Administrative Law

The federal, state, and local legislatures all create administrative agencies.

Although they are created by legislatures, admi­nistrative agencies are usually operated by the executive branch of the government. Thus, the President, governor, or mayor will supervise the agency's activities. For example, the United States Congress created the Internal Revenue Service (an agency) and directed that the Presi­dent appoint and supervise the staff of the agency.

The rules and regulations established by an administrative agency generally have the force of law. Like statutes, the regulations can be reviewed by courts to determine whether they are constitutional. In addition, the courts may invalidate a rule or regulation if it is beyond the scope of powers delegated by the legislature.

4. Case Law

Case law is created by the judicial branches of governments. Each state creates case law through its state courts. Similarly, federal courts establish federal case law. Case law is usually made after a trial has concluded and one of the parties has appealed the case. This may result in a review of parts of the trial by a higher court – a process called appellate review. "When the appellate court publishes its opinion on a case, that opinion may state, and thereby create, new case law."

The effectiveness of case law arises out of the doctrine of stare decisis (Latin for «to abide by, or adhere to decided cases»). This doctrine requires that once case law is established, it must be followed by lower courts in other similar cases. Stare decisis generally does not strictly bind appellate courts because they can overturn their own case law when justified by new conditions or better understanding of the issues.

While courts are the final authority on the interpretation of constitutions and the constitutionality of statutes, rules, and ordinances, they are not the final authority on the content and meaning of such legislation. Legislative bodies can, in effect, nullify a court decision interpreting its statute, ordinance, or rule by abolishing or rewriting the statute or amending the constitution.

2. Read and translate.

 

Rule of Law

More than 200 years ago, Alexander Hamilton, James Madison, and John Jay published a series of essays promoting the ratification of the United States Constitution now known as Federalist Papers.  In explaining the need for an independent judiciary, Alexander Hamilton noted in The Federalist # 78 that the federal courts "were designed to be an intermediate body between the people and their legislature" in order to ensure that the people's representatives acted only within the authority given to Congress under the Constitution.

The U.S. Constitution is the nation's fundamental law.  It codifies the core values of the people.  Courts have the responsibility to interpret the Constitution's meaning, as well as the meaning of any laws passed by Congress. The Federalist # 78 states further that, if any law passed by Congress conflicts with the Constitution, "the Constitution ought to be preferred to the statute, the intention of the people to the intention of their agents."

"Nor does this conclusion by any means suppose a superiority of the judicial to the legislative power.  It only supposed that the power of the people is superior to both; and that where the will of the legislature, declared in its statutes, stands in opposition to that of the people, declared in the Constitution, the judges ought to be governed by the latter rather than the former.  They ought to regulate their decisions by the fundamental laws, rather than by those which are not fundamental."

The American democratic system is not always based upon simple majority rule.  There are certain principles that are so important to the nation that the majority has agreed not to interfere in these areas.  For instance, the Bill of Rights was passed because concepts such as freedom of religion, speech, equal treatment, and due process of law were deemed so important that, barring a Constitutional Amendment, not even a majority should be allowed to change them.

Rule of law is a principle under which all persons, institutions, and entities are accountable to laws that are:

• Publicly promulgated
• Equally enforced
• Independently adjudicated
• And consistent with international human rights principles.

The courts play an integral role in maintaining the rule of law, particularly when they hear the grievances voiced by minority groups or by those who may hold minority opinions.  Equality before the law is such an essential part of the American system of government that, when a majority, whether acting intentionally or unintentionally, infringes upon the rights of a minority, the Court may see fit to hear both sides of the controversy in court.

 

Some Basic Laws in the U.S.

Like other countries, the United States of America has many laws and rules. It is very difficult to learn all the laws and rules within a short period. However, you can start with the few that you need to know about now. These laws also vary when you travel from one state to another state.

 

1 Alcohol It is against the law to sell or give alcohol and/or cigarettes to a minor — the age of minors for

Cigarettes these offences may vary from state to state.

2 Alcohol Consumption You may be fined for drinking alcohol in public — e.g., while walking on the street or in a park.

3 Bribery Bribery is illegal in the U.S. You do not bribe police officers or other public officials;

tipping public officials is also not acceptable in the U.S.

4 Change of Address As a refugee, you are required by law to inform the US Citizenship and Immigration Services

every time you change your address until you get your Green Card.

5 Child Neglect It is illegal to leave children under the age of 12 unattended — this age varies among states

6 Child Support You are required by law to financially support your children until they are 18 years old, even if

the children are not living with you.

7 It is illegal to drive a car that is not registered or insured.

It is illegal to drive while intoxicated or under the influence of drugs.

Driving It is illegal to drive without a U.S. driver's license.

It is illegal to ride in or drive a car without a seat belt on.

It is illegal for infants/children to ride in a car without being in a safety seat.

8 Drugs It is illegal to purchase, sell or use drugs. `Khat,"qat,' or 'chat' is illegal in the U.S.

9 Female Circumcision This practice is not allowed in the U.S. It is a very serious offence.

10 Fraud It is against the law to lie in order to get public assistance, immigration benefits and/or other

public services. You may be fined, imprisoned, and/or deported.

11 Human Trafficking To bring people to the United States in order to exploit them sexually or economically is illegal

and can lead to imprisonment and/or deportation.

12 Hunting & Fishing It may be unlawful to hunt and/or fish without a permit

13 Incest It may be an offense to have sexual activity with your close family members (other than spouse).

14 Jay-Walking You may be fined for walking across the street outside of a designated area.

15 Littering You may be fined if you throw trash on the street or out the window of a car.

16 Marriage Age In most states, there is a specific age below which people are not allowed to marry.

17 Military Service All males 18-25 in the U.S. must register with the Selective Service, a government agency that

can call individuals to military service.

18 Money Transfer You may be fined for transferring money without license and/or on behalf of other people

19 Nudity/Indecency You may be fined for exposing your private parts in public.

20 Physical Abuse Hitting, punching, threatening, and mistreating your spouse and children is Domestic Violence —

it is an illegal and punishable offence in the U.S. Your children may be taken away from you if

you abuse them. You may also be deported.

21 Police You should always obey a police officer; disobeying may lead to imprisonment.

22 Polygamy It is illegal to be married to more than one person at a time.

23 Prostitution Prostitution, including soliciting a prostitute, is an offense for which you could be imprisoned

and/or deported.

24 School Children aged 6-16 are required by law to attend school.

25 Sex It is illegal to have sex with minors (persons under 18 years of age), even with their consent.

26 Sexual Harassment Offensive comments or behaviors of a sexual nature are illegal in the work place. Any comments

of a sexual or personal nature is considered offensive

27 Shoplifting The taking of goods from a store or street vendor without paying is illegal.

28 Smoking You may not be allowed to smoke in some public places. Check regulations in advance.

29 Urinating and It is an offense to urinate and/or defecate in public areas. You may be fined up to $500.

Defecating in Public

30 Treatment of Animals It is illegal to sacrifice animals, abuse or neglect pets, or to kill animals for food in one's home

31 Trespass It may be an offense for you and/or your animals to go into somebody else's premises without

permission.

 

The United States Citizenship and Immigration Services (USCIS) can revoke your status as a refugee if you are convicted of a serious crime like dealing in drugs, murder, arson, terrorism, etc.

 

3. Answer the question.

1) How does the Constitution protect the impartiality of federal judges when they have to make unpopular decisions in order to follow the rule of law?

2) How can majority-democratic rule be reconciled with minority rights when the judiciary acts to safeguard the rule of law?

3) What does it mean that the United States is a country of laws and not of men?

4) What is the responsibility of judges when their personal opinions are in conflict with the rule of law in the case before them?

5) How does the majority benefit when minorities are protected by the rule of law?

6)  Give examples of ways that the rule of law has an impact on your life?

4. See this video - https://study.com/academy/lesson/sources-of-law-in-the-american-legal-system.html#lesson and answer the following question:

1. The supreme source of law in the American legal system is

1. common law

 

2. the Constitution

 

3. statutes

 

4. regulations

 

2. Statutes or laws are created by which branch of government?

 

1. the Executive Branch

 

2. the Judicial Branch

 

3. the Legislative Branch

 

4. the Regulatory Branch

 

3. All of the following are sources of law in the American legal system except:

1. statutes
2. the Constitution
3. regulations
4. civil code system

 

5.See this video https://study.com/academy/lesson/american-law-history-origins-from-english-common-law.html and answer the following question:

1 . Why must the people agree with the laws created by government?

1. Because the people vote to pass the laws.
2. Because the people must believe the laws are important enough to enforce.
3. Because it is unlawful to question tradition.

 

4. Because tribal leaders set the precedent of asking the members of the tribe if they agreed with their decisions.
5. Because the Constitution explicitly states that laws must be agreed upon by the people.

2 . In what way is the Supreme Court similar to early English tribal leaders?

 

1. They both have rotating membership.

 

2. They both make laws.

 

3. They both are elected positions.

 

4. They both look(ed) to similar cases for guidance on resolving disputes.

 

5. They both make laws according to their own beliefs, as opposed to the people's will.

 

 

3. . What do case law, statutory law and local ordinances have in common?

 

1. They are all made by the Supreme Court.

 

2. They are all made by legislative bodies.

 

3. They cannot conflict with the U.S. Constitution.

 

4. They are all voted on by the people.

 

5. They have not changed since the Founding Fathers.

 

6. Final question:

1. What are the main sources of American law?

1. Legislatures
2. Judicial decisions
3. Executive orders & administrative regulations
4. State and Federal Constitutions
5. All of the above

2. Substantive due process rules deal with how things are done.

True or False

3. The statements are examples of the type of judgments someone would make if she/he were engaged in moral decision-making from the perspective of a particular theory. Match each judgment statement to the appropriate theory. There is one example of each. Which is an example of a Casuistry-based judgment? Which is an example of a Virtue ethics-based judgment? Which is an example of a Principlism-based judgment that focuses on nonmaleficence? Which is an example of a Communitarianism-based judgment? Which is an example of a Principlism-based judgment that focuses on respect for autonomy? Which is an example of a Consequentialism-based judgment? Which is an example of an Ethical Relativism-based judgment? Which is an example of an Ethic of Care-based judgment? Which is an example of a Utilitarianism-based judgment? Which is an example of a Deontology-based judgment?

1. "This action is unethical because the outcomes do not justify the means."
2. This action is unethical because the agent is motivated out of spite and intends to hurt others.
3. This action is unethical because they are taking advantage of a vulnerable population in order to get their way and that is never ok.
4. This action is unethical because it does not take into account the needs and importance of the parent-child relationship.
5. This action is unethical because it does not take into account the important notion of  do no harm.
6. This action is unethical because my culture thinks that action is wrong.?
7. This action is unethical because it does not maximize happiness or the good, and the benefits do not outweight the bad.
8. This action is unethical because it is exactly like that other action that is unethical
9. This action is ethical because I say it is ethical.
10. "This action is unethical because it goes against the norm of respecting the decision-making capacities of autonomous persons."

4. Discuss the difference between "Illegal" and "Unethical" acts.
5. A decision in which of the courts carries the lowest tax authority?
   1. us court of appeals for federal circuit
   2. us court of appeals for second circuit
   3. us district court
   4. us supreme court
6. What are the significant legal developments from 1066-1215 in law?
7. According to which school of thought is law the command of a sovereign?
8. What is the difference between the terms constitution and law?
9. What are the main sources of American law?
10.     U.S. law comes from what four basic sources?
11.     What is the purpose of law?
12.     Administrative Law is one source of law in the United States. True or False
13.     What is a country's legal system? Why is it important to international businesses?
14.     What are the classifications of law?
15.     Choose the correct option regarding the main activities of the U.S. legal system.
16.     What does code of law mean?