The Legal System 101

Written by Rida Kashif

Researched by Abigail Loewen

Have you ever wondered just how the legal system works? Who decides what? What are all those fancy terms people use? Should we be concerned about the increasingly longer YouTube ads and how we are slowly losing the choice to skip them? Absolutely.

Fear no more, for in this article I’ll run you through some basics of the legal system, still use those unnecessarily fancy terms and I’ll include a mini dictionary at the end! So stay a while and you might learn something worthwhile!

now entering ⚠️yap⚠️zone (warning, intense yapping occurs- proceed at your own risk)

To start off, one of the most common terms you’ll ever need to know is, drum roll please “Common Law”, the official term used to refer to the legal system of the USA, just like many other former British colonies.(quick throwback to when Britain ruled half the world guys, those were the days😔✊). 

Following the Common Law system means that law is created by precedent of the judiciary (case law) instead of purely through statute. 

Precedents themselves are just, simply put- earlier court decisions that guide the law and court system. Some of the other countries that follow the Common Law system would be Australia, New Zealand, the UK, Canada, and India. 

Now, let’s dive into the pro’s and con’s of following a system like Common Law:

Pros: ( there’s a lot 🙂)

• Common law is pretty flexible and can be altered over time as circumstances change. As can be seen in Supreme Court decisions over the years, law under a common law system changes as societal norms change and new situations arise. 

• Precedents provide predictability and a basis to argue on. It also allows for consistency in court decisions even when they are determined by different judges. Although precedent is considered, the unique details and facts of each case are still kept in mind before a solid decision is reached. 

• Due to over a century of precedent, there is extensive case law which can offer guidance and keep court decisions consistent. 

• Judicial discretion is allowed and judges can interpret the law and apply it to individual circumstances. This can lead to fairer decisions than if there were rigid rules that applied.

• Common law is often grounded in the practical, making it aligned with everyday realities. 

Cons: (there’s also a lot 🙁)

• Because of the case-by-case basis of common law, there can be delays and a slower legal system than one with strict laws and less judicial discretion. This means cases can take a long time to go to trial or for a decision to be made by a judge. 

• Although precedent can help predictability and consistency, since precedent and case law is subject to change, there is still uncertainty and potential for inconsistency. 

• Common law is incredibly complex especially when people don’t have a background in law. 

• There are large volumes of case law and it can differ on a state-by-state basis. Case law can also change and can be interpreted differently. 

• Attempts to change precedents (or get something overturned) can take a lengthy amount of time as it goes through the various courts. 

• Due to the large role judges play in making and shaping the law, the role of the legislative branch is reduced. 

• Common law systems are susceptible to judicial activism or a judge creating law instead of following it due to personal bias. Also, due to different interpretations of case law, there can be inconsistency in rulings. 

Now presenting to you, it’s… The Three Musketeers! 😎

jk it’s The Three Branches of Government guys be serious:

First up we have- The Judicial Branch:

The Judicial branch includes the Supreme Court (SCOTUS) and other federal courts, of which there are MANY levels. (many)

• The court of Military Appeals, Court of Claims, and Court of International Trade go straight to the Supreme Court. 

• Local Trial Courts traditionally proceed to the State Appeals Court, then the Highest State Court of Appeals and then to the US Federal Court of Appeals and then potentially the Supreme Court. 

• Cases from US Federal District Courts then go to the US Federal Court of Appeals and then the Supreme Court.

The job of these courts is to: 

• Interpret laws and what they mean 

• Apply those laws to individual cases and circumstances

• Determine if laws are constitutional

The Legislative Branch:

The Legislative Branch is composed of Congress (the House of Representatives and the Senate)

• All members of Congress are elected 

• There are 535 members of Congress

  • 100 are in the Senate

  • 435 Serve in the US House of Representatives

• Each State elects 2 Senators to serve 6 year terms and there is no term limit on Senators

• The amount of Representatives in a State is determined by their population size

• They are elected for 2 year terms and there is no term limit

Some of the duties of Congress Include: 

• Drafting proposed laws

• Creating amendments to the Constitution

• Voting on proposed laws 

• Confirming or rejecting presidential nominations for heads of federal agencies, federal judges, and the Supreme Court

• Having the authority to declare war

• Imposing taxes (guys we can totally stop taxes if we tag-team these dudes together 😎)

The Executive Branch:

 The key roles in the Executive Branch include:

The President - Head of state, leader of the federal government, and Commander in Chief of the United States armed forces. 

• Responsible for signing or vetoing laws passed by Congress (although Congress can override the veto with enough votes)

• Elected through the electoral college

• Current President: Joe Biden

The Vice President - Supports the President in their goals. Runs for Office alongside the President and is chosen by the President. If something happens to the President they take over. The vice president also presides over the U.S. Senate and breaks ties in Senate votes.

The Cabinet - Cabinet members serve as advisors to the president. They include the vice president, heads of executive departments, and other high-ranking government officials. Cabinet members are nominated by the president and must be approved by the Senate. 

Cabinet Posts Include: 

• Agriculture, Commerce, Defense, Education, Energy, Health and Human Services, Homeland Security, Housing and Urban Development, Interior, Labor, State, Transportation, Treasury, and Veterans Affairs, and the Attorney General,  

• White House Chief of Staff, the US Ambassador to the United Nations, the Director of National Intelligence, and the US Trade Representative, as well as the heads of the Environmental Protection Agency, Office of Management and Budget, Council of Economic Advisers, Office of Science and Technology Policy, and Small Business Administration

(Chief of Staff is not technically approved by the Senate, but most other Cabinet positions are.)

Separation of Powers/Checks and Balances

• The president can veto legislation created by Congress. He or she also nominates heads of federal agencies and high court appointees.

• Congress confirms or rejects the president's nominees. It can also remove the president from office in exceptional circumstances.

• The Justices of the Supreme Court, nominated by the president and confirmed by the Senate, can overturn unconstitutional laws.
  
  

And THAT is a wrap! Thanks for reading down till here and staying consistent through the yapping guys 😎. Feel free to advertise this article to friends with zero shame- and as promised…. MINI DICTIONARY BELOW! Bye!!

Precedent: an earlier event or action that is regarded as an example or guide to be considered in subsequent similar circumstances:

Judiciary: the part of a country’s government that is responsible for its legal system.

Statute: written law that is formally created by a government

Discretion: the power of a judge, public official or private party to act according to the dictates of their own judgment and conscience within general legal principles

Constitutional: relating to an established set of principles governing a state:

Veto: a constitutional right to reject a decision or proposal made by a lawmaking body:

Legislation: literally just another word for laws!