2/ The American Legal System

Question 1

The US Constitution

Answer 1

1789 : 7 articles.

• Article 1 concerns the Legislature ➢ Congress
• Article 2 concerns the Executive ➢ the President
• Article 3 concerns the Judiciary ➢ the Supreme Court
• The first 10 amendments, known collectively as the « Bill of Rights », added in 1791.

Question 2

The US Congress

Answer 2

the legislature of the federal government of the United
States

bicameral, composed of a
lower body, the House of
Representatives, and an upper body, the Senate.

It meets in the U.S. Capitol
in Washington, D.C.

Senators and representatives are chosen through direct election.

Congress has 535 voting members: 100 senators and 435 representatives.

Question 3

Relationship between the individual states and the Federal State

Answer 3

Each of the 50 states has a constitution and a government

each holds legislative, executive and judicial authority over the defined geographic territory.

• The 10th Amendment means that each state has considerable autonomy as regards the Federal State.

Question 4

The Supremacy Clause

Answer 4

Article 6, Clause 2 of the US Constitution : the Constitution constitute the “supreme Law of the Land”

It takes priority over any conflicting state laws

Question 5

federal law : powers

Answer 5

• The power to create law : Congress (Article 1 section 8 of the Constitution)
• enumerated powers : powers granted to the Federal government, and specifically Congress

–> General Welfare
–> Commerce between states
-> Borrowing of money
–> Uniform laws
–> war powers, army, navy…
–> Bankrupcy

• The federal state is a state of limited jurisdiction

Question 6

Implied powers: the « necessary and proper » clause

Answer 6

• Clause 18
• often known as the “elastic clause”
• leeway in interpretation that it allows for
• it can be “stretched” to expand the powers of Congress or contracted to limit Congress’s powers.
• gives implied powers to Congress (powers that are not enumerated, but derived from enumerated powers)

Question 7

Where to find federal law

Answer 7

• Primarily in the US (= federal) Constitution and the body of case law used for its
  interpretation. The Constitution is the supreme law of the land.
• Federal statutes: Congress passes federal acts
• Treaties and executive orders.
• Federal (administrative) regulations: federal agencies

Question 8

Where to find state law …

Answer 8

• state constitution
• state statutes by a legislative assembly
• state regulations by an executive local governments
• a judicial branch applies, interprets, and occasionally overturns both state statutes and regulations, as well as local ordinances.

Question 9

Federal court system

Answer 9

• the US Supreme Court
• the US Courts of Appeal (13)

(including the Court of Appeals for the Federal Circuit)

• the Federal District Courts (94)

–> The federal courts have jurisdiction over :

• Cases that raise a “federal question” involving the U.S Government, the U.S.
  Constitution
• Cases involving “diversity of citizenship,” which are disputes between two parties not from
  the same state or country, and where the claim meets a set dollar threshold for damages.

Question 10

Making an appeal

Answer 10

litigants have the right to an appellate court review of the trial court’s actions

The side that seeks an appeal is called the petitioner

the other side is known as the
respondent.

Before arguing their appeal in person, each side submits to the court a written argument called a brief

Question 11

The US Supreme Court

Answer 11

one Chief Justice and 8 Associate Justices

John G. Roberts, Jr., the current Chief Justice

An appeal brought before the USsc involves filing a petition
for a writ of certiorari

« Cert » is granted if four of the nine SC Justices select the case

• The Supreme Court hears cases that it considers to be ripe.