The legal system in the United States

The legal system in the United States

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Understanding the ins and outs of the American legal system: first clarification in this article The American judicial system is made up on the one hand of the federal order, the highest jurisdiction of which is the Supreme Court, and on the other hand of the law specific to each federated state. Each state has its own judicial system comprising the same pyramid structure. State courts try violations of the law of the State in which they took place.

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The American system does not know the French separation between judicial and administrative jurisdictions. So we will see what is different in the USA. If in continental law systems all branches of law have their written Code, then the American system is on the contrary inspired by the English system of Common Law, that is, uncodified law.

The rule of precedent

 

In a trial, the judge is required to apply the same solution of law to a similar case. This is the so-called "Stare decisis" rule or the rule of precedent. However, the Supreme Court is not strictly bound by the rule of precedent. It must first interpret the Constitution of the United States to arrive at a decision. Criminal law and commercial law are nevertheless codified in the United States.

The place of justice in the United States: a whole different state of mind

Let me start my story with a little scene from everyday life in America: Bob and Leslie are lovely.

 

We met a few months ago with mutual friends, and since then we see each other regularly. One fine day, a cool spring Sunday, I was invited to sail on the small sailboat they have owned for several years. Picnic and good red wine under my arm, so I go to the place indicated and meet them in the port. There are several of us, it's very nice. At the foot of the ladder, Bob stops and pulls out a whole bunch of sheets, hands one out to each guest, and asks us to sign it before getting on the boat. What is it about ?

 

A little piece of paper to clear yourself of possible accidents ... It is a document on which it is explained that in the event of an accident, Bob and Leslie will not be responsible and which is called liability waiver. I am amazed at this lack of confidence.

 

It wasn't until much later that I learned that one of their best friends injured them on the boat and sued them and cost them all their savings. This is how I first encountered the monster of American justice and many of us do not understand this mentality.

 

The place of the lawyer in the United States

 

This means that he participates in a public service for the good of all, justice. This is well illustrated by the fact that during a hearing in a court in France, and in the absence of one of the judges, a lawyer may be called upon to complete the court. Likewise, he wears a robe which distinguishes him and identifies him as an auxiliary of justice, and which is of the same module as that worn by a magistrate. Also because of this conception, the lawyer is not subject to the rules of traders,