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The U.S. Legal System
This essay is published for informational purposes only. It is not legal advice, nor is it intended as a substitute for the advice of your attorney.
The U.S. legal system is comprised of the Federal Court System which includes the U.S. Bankruptcy Courts as well as the court systems operated by each of the 50 states. Over 95% of the nation's legal cases are decided in state courts (or local courts acting as agents of the States). Generally, debt collection litigation is handled by state rather than federal courts. For an in-depth tutorial about the Federal Court System, please visit this website: http://www.uscourts.gov/FederalCourts.aspx
The United States Constitution is the basis of all laws in the United States. In addition to the U.S. Constitution, each of the 50 states has its own state Constitution along with state court systems to enforce state laws. The Federal government has only the powers enumerated in the Constitution. The 50 states have all powers not granted to the federal government. The legislative branch of the federal government passes federal laws. The judicial branch interprets federal laws. The executive branch enforces federal laws.
The first ten amendments to the federal Constitution are called the Bill of Rights. These amendments were demanded by several of the states in exchange for their support in ratifying the Constitution. The failure to safeguard these rights was seen by some states as a glaring oversight by the drafters of the Constitution.
Case law involves the published opinions of judges. Legal decisions made by courts establish precedents. These precedents are used by other judges as the basis for decisions on similar issues.
© 2009 by Michael C. Dennis. All Rights Reserved. Mr. Dennis is the author of "1001 Collection Tools and Tips" and can be reached by email at mcdennis13@yahoo.com