Laws and courts

The United States is governed by laws that all people have to follow. It is the job of courts to decide how these laws apply to specific situations.

Who writes the laws that we have to follow?

Most laws are written by elected representatives at different levels of government in the United States:

• • The U.S. Congress writes laws for the federal government. These laws affect people in all 50 states.

  • State legislatures write most state laws. These people usually meet in the capital city of a state.

  • Many local laws are written by city councils or county governments.

Sometimes, voters have to approve state or local laws. Elections to approve proposed laws are called referendums.

Some laws are meant to protect people against crimes such as burglary or murder. The collection of laws that create punishments for crimes is together called criminal law.

Some people think the purpose of criminal law is to make examples of the people who commit crimes. This means that when a person is punished, other people will be afraid to commit the same crimes because they don't want to also be punished.

Other people think criminal law helps everyday citizens stay safe. When people are sent to jail or prison for committing a crime, they are removed from everyone else. So, everyday citizens are protected from dangerous people.

Still others believe that the government punishes criminals to convince them that their behavior is wrong. A criminal who realized his behavior was wrong would be less likely to commit crimes in the future.

What kinds of crimes are there?

Criminal law helps protect people from many kinds of crimes. Here is one way the FBI, a national law enforcement agency, groups crimes together:

• • Crimes against persons include murder, assault, and robbery. In these crimes, the victim is always another human being.

  • Crimes against property include acts such as theft or bribery. In these crimes, a criminal takes or harms someone's money or belongings.

  • Crimes against society usually do not have a particular victim. Instead, these crimes are actions that society has chosen to ban, such as drug use or gambling.

What can happen if a person commits multiple misdemeanors?

Sometimes, committing the same misdemeanor multiple times can lead to a felony. For example, the first time a person is caught driving drunk, it is often a misdemeanor. But if a person is caught doing it multiple times, the crime becomes a felony, which carries a much harsher punishment.

The consequences of breaking criminal law and civil law are usually different. Here are the main differences between them:

• • When a person is found guilty of breaking criminal laws, they may have to pay a fine to the government or serve time in jail or prison. It is sometimes said that these punishments allow criminals to repay their debt to society.

  • When a person loses a civil case, he or she often pays money to the winner in order to make up for the harm he or she did to that person.

These are criminal law consequences:

• • serving 20 years in prison for armed robbery. A term in a prison is most likely the result of a case that uses criminal law.

  • paying a $500 fine to the government for littering. A fine paid to the government, rather than a settlement paid to another person, is most likely punishment for a crime.

This is a civil law consequence:

• • paying $20,000 to a person for wrecking her car. Civil law cases are usually between people. So, giving money to another person is most likely the result of a case that uses civil law.

Most civil and criminal laws only apply to adults. Juvenile law is the set of laws that govern the behavior of juveniles, or people who haven't turned 18 years old yet.

Here are a couple of ways that young people can break juvenile laws:

• • Delinquent acts are behaviors that would be crimes if an adult had committed them, such as stealing or vandalism.

  • Unruly behavior means regularly refusing to follow the rules of parents or teachers. Unruly behavior might include not attending school or behaving in a dangerous way.

In rare cases, juveniles who commit crimes go to a special juvenile prison. But the main purpose of juvenile law is rehabilitation, or helping people return to a safe, healthy way of living in society. Rehabilitation can involve counseling, job training, or treatment for drug addiction.

The purpose of juvenile law is to rehabilitate, which means to help people safely return to society. Juvenile law is sometimes divided into two categories. Delinquency is doing something that would be a crime for an adult. But unruly behavior is doing something like skipping school, which is not a crime for an adult.

Are there any other types of laws?

There are many different ways that legal experts divide laws. Dividing laws between civil and criminal law, with special rules for young people, is just one way of doing it. Here are some of the other kinds of laws:

Constitutional law is the collection of rules about how governments work. Sometimes, people disagree about what rules the government should follow. Judges decide these cases, often by reading a constitution, which is a written plan that describes how a government works.

Labor law governs the relationship between workers and employers. This includes issues such as making sure workers are paid fairly and have a safe work environment. Labor laws can either be civil laws or criminal laws.

Many cases are first heard by trial courts. But the loser of a court case often has the power to appeal to a higher, more powerful court if they believe their case was handled unfairly. In an appeals court, usually, a group of judges decides if the original trial was fair.

When are decisions appealed?

Court cases can be appealed for many reasons, including these:

• The lawyer did not do her job in representing the losing side.

• The judge was biased, or unfairly favored one side.

• The trial was not conducted according to the correct rules.

What can happen with an appeal?

If the higher court chooses to accept the appeal, it will look at the trial court's decision without holding a new trial. The appeals court can then affirm, or accept, the previous decision. It can also vacate, or reverse, the lower court's decision. It can also remand, or return, a case back to the lower court for another trial.

The government, though, cannot appeal a criminal case if it loses.

Why are some judges elected and some appointed?

There are advantages and disadvantages to each system.

• • The U.S. Constitution requires that federal judges be appointed, or chosen by the president and approved by the Senate. These appointed judges serve for life. The purpose of this system is to make sure that judges can apply the law fairly, without worrying about if people like their decisions.

  • Many state constitutions require state court judges to be elected. Supporters of judicial elections think that judges should be held accountable by everyday people, who are affected by the decisions that judges make. Most states elect at least some of their judges for the state court system.

  • Some states use a system called the Missouri Plan. In this system, a group of experts makes a list of qualified judges. The governor selects one of these qualified judges to become a judge. Then, at the next election, the new judge has to be re-elected by voters.

Each type of court has its own jurisdiction. A court's jurisdiction is its power to decide cases about particular laws. Courts aren't allowed to decide cases based on topics or laws that are outside their jurisdiction. Usually, a court's jurisdiction is related to the level of government that created the court.

Who decides which government makes what laws?

The U.S. Constitution! The U.S. Constitution outlines what powers the federal government has. In other words, it lists what kinds of laws the U.S. Congress is allowed to make. For example, the federal government is the only government allowed to make laws about international trade.

The Tenth Amendment to the Constitution says that any powers not given to the federal government are reserved, or given, to state governments. So, state governments can make laws about all the things that the federal government doesn't. For example, state governments make most laws about education in the United States.

In the U.S. legal system, there are many types of laws. Two of these types are criminal law and civil law. Criminal law cases are between the government and a person, while many civil law cases are between two people. Additionally, juvenile law governs the behavior of young people and is usually focused on rehabilitation. Just as there are different types of law, there are different types of courts. The federal court system applies to all 50 states. But each state has its own system. Each kind of court can only address cases that are under its jurisdiction.

What is in my local courthouse?

Is there a courthouse close to you? If so, you'd probably find state courts there. In many places, courthouses are also the headquarters for the city council or other local government offices. They provide a wide range of government services to residents of a particular city, county, or region.

Federal courts, though, have their own buildings. These special U.S. courthouses, sometimes called federal buildings, are located throughout the country in larger towns or cities. U.S. courthouses often hold the offices for federal agencies such as the post office.