American method derived from British law, according to the political, economic and cultural characteristics American made more changes. In the early days USA developed a written constitution, the federal and state own legal system. In addition to the national defense, foreign affairs and the federal interstate commerce, no unified legislation; legislation of criminal and civil and commercial aspects basically belongs to the state.

        A, USAThe history of legal system

The act of Congress (Act of Congress)ByAmerican constitutionTo grant authorizationU.S. governmentThe formulated and promulgatedCodified law. When the bill atCongressBy a simple majority vote in both houses through, then byPresidentImmediately after the signing of completeLegislation, and officially became a federal law. Before the promulgation of a federal law, a bill must passGinsengAll theHalf of the voting Senate approval, and then signed by the president. The legislative process: by statute or resolution of both houses of Congress approved (Resolution) must go through any of the following programs can become law: signed during USA, president in parliament, the president received less as ten days after the bill (did not make any response within the ten day period, excluding Sunday), or after the president's veto by Congress in session initiate retrial (bill must obtain 2/3 the vote to be ignored the president's veto). Through the act of procedure through the top two would be taken by the president "Promulgation"(PromulgationImplement. If the bill passed through third ways, the Election Committee Congress finally retrial period is responsible for promulgating laws. In accordance America constitution, if the president within the time limit for comments and return on the bill in Congress or the resolution, the bill will automatically become law; however, if Congress adjourns during this period, the bill will be discarded and cannot be launched retrial (cf.:Pocket veto). In addition, if the president of the Congress during the vetoed the bill or resolution, retrial success conditions need to get more than 2/3 of the vote in both houses of congress. To become the legal act of Congress will be listed in the "federal" (USA lawUnited States Statutes at Large). And private publishing "USA code"In comparison, almost all bills to make small text revision. All congressional bill shall not violate the constitution, and shall not go beyond the Constitution gives Congress the power to. OtherwiseAmerican Supreme CourtWill be able to announce the bill unconstitutional.

 USA (in legislationNeutrality Acts)IsUSAThe government in1930In the general term of a series of act. The bill is in response toThe Second World WarBeforeEuropeAndAsiaIncreasingly chaotic situation. Actively participate in the AmericanThe first World War, suffered heavy losses. This indirectly led to America nativeIsolationismThe rise of hope, American not involved in the international struggle, which led to the formulation of legislation. Influence of neutral method is usually negative. Because of the provisions regardless of aggressor and victim, simply to "Belligerent(Belligerents"Treat them equally). The legislation also limits the USA government assistanceBritainCombatNazi GermanyIntensity.1941YearsAmerica formally toThe axisThe act was the abolition of war. Each time the legislation, president will be because there is a special event in war conditions and modify these act. This makes the then president of theRooseveltTo ensure America overseas allies will not be excessive punishment act.

Separation of three rights in the constitution American Separation of the three powersA political theory, its claimThe governmentTheAdministration, legislation andJudicialTerms of reference should be clear, so as to avoid the abuse of power. ThisTheoryIts origin can be traced back toThe ancient GreekAnd then, by the British andFranceThe further development of the philosopher. In USA constitution,Separation of the three powersThis word has never appeared, but it has clear instructions. It points out that "all legislative powers are composed ofAmerican CongressAll "," administrative power byUSA presidentAll "," the judicial power from a American Supreme Court and some may at any time by Congress inferior courts established ". The government's power is divided into three, in order to achieveThe balance of powerTo prevent the abuse of power, centralization of power and the. Although American constitution is no state governments also need to power three points, but only for theRepublicThe regime can be, but most state governments are pursuing the separation of the three powers, with the state legislature,Administrative organAnd state courts.

Two, the Constitution  The constitution characteristics: ① according to the separation of the three powers and checks and balances a presidential systemThe bourgeois democracyThe regime. Both houses of Parliament, as the supreme legislative authority. Both are directly elected by voters states. Senator100Name, state, regardless of size, are two term6Every year2Election of 1/3 years. Congressman elected according to the proportion of the population, is now fixed435Name. Law shall be adopted by the house of Representatives, a joint session of Congress resolve differences. The main functions of the Congress for legislation, to amend the Constitution and elastic, and the ratification of the treaty by the Senate to exercise special and important consideration for the appointment of officials. Presidential term4Years, mainly by the Democratic Party and the Republican Party nominated two candidates, elected by universal suffrage election indirectly elected. President as head of state, heads of government and commander in chief. Congress only by the impeachment proceedings, by the chief justice of the supreme court presided over the Senate trial by, parties have the president. The president vetoed by the house and Senate bill power; but if the house again by three points by two-thirds, law is effective. American Supreme Court are nominated by the president and the Senate agreed to the appointment of9Judges for life, judicial independence. The federal and state power complex. Each state has its own constitution and laws, but should be in accordance with the federal constitution. The federal power mainly in foreign affairs, defense, the currency, the federal budget, national financial policy, international trade and interstate commerce, as health, education, welfare and taxation, the states have enjoyed greater power. The court has the right to judicial review, can be accepted for federal and state laws, administrative regulations and administrative measures unconstitutional accusation. This is from the19The famous"The case of Marbury v. Madison"The case began. The protection of the rights of citizens, especially the protection of the litigation rights, a more detailed provisions.

Three, the civil law Civil lawIncluding the range is very wide, in addition to several states have civil code alone, generally includes many relevant contracts, torts, property, inheritance and marriage and family law and precedent, collectively referred to as private law. The majority of states according to the old law, which enjoys the fetusThe capacity for civil rightsProperty management, but should be set for the. Most state at18- year-old citizens shall enjoy the behavior, not the age can live must contract, adults can unilaterally to terminate.

Four, the contract law Is mainly the case law.19At the end of the century began to statute law establish some unified, mainly business. For example, suitable for37Uniform sales law, ""1906., uniform negotiable instrument law applied to state ""1896..20Century50In the law of contract, and gradually increase, of which the most important is "The Uniform Commercial Code"(Article2Article)And "consumer protection law"1968.Etc.. USA no contract law chapter lists all kinds of contractual provisions, only about the contract, rescission, invalid and the content of the contract, the general principles of the form; however, part of the code is specially applicable to a contract, such as the special rules for insurance, agency, contract to do the. American attention distinction to be concluded in written form of the contract and shall not be concluded in written form of the contract. The former includes more than500Contract, the sale of immovable property, the dollar contract performance period of more than one year contract, promise to transfer property in children were married at the time of the contract, and the heritage management commitment to own property to pay the debt contract; however, the contract can be partial performance of the contract or accept as a basis for the establishment, immovable contract can the buyer for repairs, immigration or pay part of the price as the basis for the establishment of. Not concluded in written form contract must have the contract formation, namely to trade for the content, so the donation can perform in fact, but not as contract formation, does not have the right of claim. Unlike the British law, effectiveness America admitted to third of the contract, the third have to fulfill the request right.

 Five, the tort law  Inherited from the British law, the tort victim may bring an action for damages. America about tort rules mainly states method, there is no uniform legislation of the federal. Intentional tort except hurt, British original occupation of property, such as illegal detention, added some new projects, such as the intervention of privacy(Eavesdropping, unauthorized use of another's photos)And the production of dangerous goods. Negligence negligence and the damage must have a causal relationship to liability, negligence and must be contrary to the duty of care, the size of professional qualification and behavior. For example, project architect duty is higher than the construction workers. If the victim also has the fault, which is its size, both sides share the responsibility, a corresponding reduction in the amount of compensation. In breach of contract damages, the victim may bring a breach or infringement, generally choose the latter, because the tort compensation, including the intangible damage. American tort claims the complex procedures, litigation often delay for a long time, expensive, is not conducive to low income persons. Some states to simplify the procedure, has begun to implement the so-called no fault liability, namely, do not have to prove the actor has fault, but also can get damages.

 Six, the property law  Is the law is one of the most complicated in USA method. Some of the concepts and principles from the British feudal estate law, combined with some property principle of modern capitalism, ownership, mortgage, right of pledge and lien and staggered formation, legal provisions are relatively complex. Compared with English law, the real estate purchase registration procedures more complex, property acquisition often need to pass many legal formalities, therefore, a property insurance system. Security interests include real estate mortgage and real estate mortgage. The majority of the state provisions on mortgage mortgagee secured mortgage interest, people still enjoy their legal rights; but a few states, statutory property during the mortgage to the mortgagee all in all, after the liquidation property mortgage people. America also provides construction and repair of lien, the debtor does not repay previously, build or repair person enjoys a security interest in the property.

Seven, the law of succession  Is a part of America law developed. Rules are strict HeritageManagement system: real estate to heirs in the distribution before, must be handed over to the estate management; property that can be directly transferred to the successor in theory, but also after a period of management. The specified permissions management, and reward have detailed provisions. Immovable property in accordance with the law of the place of inheritance, property inheritance of the decedent according to the law of domicile, thus heritage treatment often involves different state laws. The sequence and proportion of statutory succession, some states made clear. Many states have provisions for spouses and children to retain housing or a minimum support payments from the estate, not to pay off debts heritage list. Testamentary succession more stringent procedures, the majority of states are required to have three witnesses, the signature, the court registration is valid. Spouse property have separate property, common property and the property of the other, state law is not the same, complicated legal problems often occur in succession.

Eight, the marriage law  Or family law, the state has different rules. At present the majority of state to repeal the so-called "common law marriage"; and do not admit the engagement legal binding force. States generally lists may request the grounds for divorce. The principle of the fault of one party,1970YearsThe state of CaliforniaAfter the promulgation of the new divorce law, many states have emulated, adopt the affection principles, to further expand the divorce may. The Divorce Jurisdiction complex. According to the regulations of the residence requirement states before the divorce is not a property, principle of treatment is also different, so in different state prosecution, often results in different. Moreover, divorce is generally subject matter jurisdiction, and maintenance procedure for personal jurisdiction, so often fail to co solution, and often in different state judgment.

Nine, the commercial law  And civil law there is no strict boundaries, such as contract law, property law, and belongs to the civil law and commercial law, "Uniform Commercial Code" of commercial relation made a more comprehensive provisions.

Ten, company law  Rules are detailed, its characteristics are: between the partnership and company carved out of a class of the so-called joint, finger joint in different industries. The company itself does not make the classification, but the distinction between non-profit and profit-making enterprises non-profit organizations such as political groups, the scientific community, schools, religious groups, sports clubs and agricultural experiment station, participants said members, no dividends, its legal rights and duties and taxes are different from profit enterprises. Profit enterprise is established, funds, operation and management are more strict rules. The board of directors and board strict distinction between the law without. The company was set up in accordance with the established method, the management of the company in accordance with the company law of the place. The state has certain intervention to the Multi-National Corporation, the parent company of Associate Companies, cross industry, also have a certain amount of support.

 Eleven, the bankruptcy law  Application of a very wide, federal bankruptcy law. The new bankruptcy law in1979Years1Month1Implementation; individuals or enterprises, creditors or debtors are proposed according to various situation in bankruptcy proceedings. There were four species: formal proceedings in bankruptcy, insolvency proceedings, employees or consumer bankruptcy proceedings and reorganization proceedings. In some legal works, the antitrust law, labor law and other related industry and commerce control laws, are also included in the scope of law.

 Twelve, the criminal law  So far no criminal law to formulate a unified, just1962Years published a "standard" draft criminal code, for the legislative reference, but did not come into effect. Some states to develop state penal code based on English law. To80S, and half the states recognize common law crimes, even if the code also tend to the common method to explain the rules. So the charge and the definition is not consistent, the penalty is uneven. The legislature could in other legislation(Such as safety and labour legislation)The provisions in the. And often authorized some administrative organs in administrative regulations prescribed punishment, thus expanding the penalty area. Application of Indefinite Penalty or punishment in the amplitude, sentence discretion authorize the execution of punishment. To retain the death penalty, but seldom executed. Imprisonment without limit, the punishment can be up to one hundred or two hundred years. Because the crime number increasing, the juvenile crime rate increased, prison is insufficient, at present the following trends: a reduction in the general crime, criminal law focus on juvenile crime and punishment, non custodial forms of various test.

 Thirteen, procedural law  No much difference between civil procedure and the method, take the debate, single judge, part of the lawsuit, especially the tort lawsuit by the jury verdict, the judge to judge. The criminal procedure law and the difference is more, for the greater are as follows: the defendant litigation rights into constitution principle. In some states retain grand jury investigation felony prosecution system. The illegal obtained evidence shall not be adopted. The recognition and the large-scale use of so-called "plea bargaining(Pleabargaining)Methods.

Fourteen, jurisdiction  USA courtDivided into the federal system and state system. From the view of division of jurisdiction, the federal court jurisdiction over cases mainly is: because the federal laws, treaties or the state constitution and the Department for the so-called "federal question cases", including the Constitution by the Supreme Court of first instance or the case, as well as federal law by the federal system of court exclusive jurisdiction of the cases, such as the bankruptcy case etc.. The parties for different nationality or state of nationality and the Department for the amount of $ten thousand cases, the parties may decide to hear by the federal or state courts, but divorce cases except. The other federal court over a case from federal and state, and dual jurisdiction and both parties may transfer station by the federal court; do not belong to the exclusive jurisdiction of the courts of the federal case, state court may have jurisdiction, some states have made clear stipulations. As for jurisdiction among the States, because the law is different, and there is something personal belongings, and the closely related problem; conflict applicable state law, is USA law dispute more, solve difficult problems.

Fifteen, disabled persons act  According to the Census Bureau American(United States Census Bureau)The report, USA population in5100Million people(The total population of about18%.Have some form of disability, of which about3250Million people with severe disabilities. "American Disabilities Act" (Americans with Disabilities ActAbbreviationADA) in1990Years7Month26Date signed. This legislation was seen as a major victory for disabled people's rights protection America, in the use of social services, access to public places and employment and provide more convenience for the disabled. The act of changing the lives of millions of people. Installing wheelchair lifting plate from the bus to the city of New York1999-2004During the installation of nearly1800A wheelchair ramp of the ArkansasThe Little RockEach big city, American are required by law to guarantee equal access to facilities required to take the necessary steps. "American Disabilities Act" to the introduction of a new era. This law forcing people to think in a new way. President USA Disabled Association Imperato said: "the disabled is a natural part of the human experience, never should make the choice, and a person's ability to pursue the occupation and life meaningful independent right. Disabilities Act eliminated200Years of isolation, American disabled paternalism and rejection, which is a new policy." main change is: public facilities must take into account. Leading to the building entrance ramp, sidewalk slopes and automatic doors are now very common. People in wheelchairs can take the city bus, free access to the special design of the toilet. Suppose you were a deaf mute, want to order a pizza. In "issued after American Disabilities Act", it becomes much easier, because America Disabilities Act requires each state to have conversion system, so you can get what you want out to the conversion operator at. Then the conversion operator will call the pizza shop, order a pizza for you. You can use such a way to communicate with the world, which was previously disabled act very difficult. Disabled persons engaged in various industries, also continue to prove themselves in a position value.USA Ministry of EducationA department headAshby(Rose Ann Ashby)Said:"I was blind, I use the computer to install reading sounding device, so that I can review and revise my staff report."Parker(Jonathan Parker)Is a statutory deaf, but he in MainePortlandA Financial Services Company as a fund accountant, responsible for the supervision of large sums of money.Gold(Jenni Gold)At birth6Months after being diagnosed with muscle nutritional disorders. Today, she is American director of union members, and is the chief executive of her company's long. John.Kemp in theWashingtonA lawyer's office. He was born without arms and legs. He leaned his prosthetic leg, metal splint mechanical arm to help him with the file, working on a computer. He said, when he was a child, he was told he could do anything. He never give up the belief. The government has invested heavily for the welfare of the disabled. With the increasing convenience condition, job opportunities are increasing. However, although5Thousands of4Millions of USA disabled half of working age, but only 1/3 people are employed. America Disabled Association for Parlato said, many people are not interested in the work, because the government every year to the disabled to provide a total of approximately3Hundreds of billions of dollars forSocial securityAnd the welfare of medical insurance. However, persons with disabilities is still facing many challenges. Disability is a state of everyone at some point in life may experience, many people do. I think, if we can make more people see in disorder, can take the responsibility to solve these obstacles, and recognize that, to be really hard to "content and rights American Disabilities Act" proposed, the attitude of the disorder is often more important than rules, eliminate the psychological barriers is more important. At the same timeADAIn terms of implementation is flawed, protect each American disabled living aspects of the act is not sufficiently rights. The many still mired in poverty, and62%With the disabled people of working age out of. More serious is, as a practical problem, American disabled and had no right to vote, because they can't to voting places to go. ThereforeADAPlays an important role in the structure, but is difficult to rely on their own to achieve equal rights. That is to say, in addition to the rights of persons with disabilities, we will see the economic rights, social rights, political rights, cultural rights, otherwise, his purpose is unable to realize. The validity of any law are dependent on beyond their own intrinsic considerations. In particular, preventing discrimination against such civil rights law is even more so. We in the congressional hearing, hearing evidence says, have2/3Disabled people of working age are unemployed, and this one2/3People want to work, the attitudes of employers do not get jobs. Also2/3Disabled people haven't seen the movie,3/4Had not seen the live performance,17%Disabled people not in the hotel after dinner,30%Disabled no did some shopping in department stores, so the Congress will approve throughADATo illustrate some rejection based disability, can be changed by increasing the participation of persons with disabilities is the. ThereforeADAProhibit discrimination against persons with disabilities in the workplace. And do some facilities on the change, to give people with more opportunities for participation, change some public facilities, make the disabled is easier to enter. Through the above understanding, we began to understand why we take the buses have wheelchair lifting plate device? Why are all the door automatic door? Why the old and the young disabled seat can be lifted, for wheelchairs? Why all the buildings and roads have a ramp or vertical lifting equipment, why the queue have disabled all comity three points, has no concept of "me first". Barrier free facilities everywhere. I think, this is not only through a legal document, is that a change in people's way of thinking, change people's way of thinking, for the sake of the disabled, vulnerable groups in all respects, embodies the humanistic care. However, the employment of the disabled and psychological barriers still has a long way to go.

Attached: "the main content American Disabilities Act"1990Years7Month, America Disabilities Act "("ADA) become a law. The law on the protection of all disabled people to participate fully in the USA society, as1964The civil law to ensure the rights of all people, regardless of race, gender, nationality or religion. "American Disabilities Act" covers each for disabled disabled substantially limits one or more major life activities. "American Disabilities Act" the first chapter the prohibition of private employers, state andThe local government, employment agencies and labor unions in employment application program, hiring, dismissal, promotion, rewards, occupation training and hiring other terms, conditions or special treatment and other aspects of discrimination qualified disabled. Disability refers to: the presence of greatly limits one or more major life activities of the obstacle of body or mind;The disabled record; or be deemed to exist the disorder. A qualified disabled employees or applicants is that with or without reasonable adjustments in the circumstances, can perform the basic function of the work. Reasonable adjustments including but not limited to: enable people with disabilities to enjoy and use of existing facilities are currently employees use;Work adjustment, adjust the schedule, re assigned to the vacant position; get or change the equipment or device, adjust exam, training materials or policy and have qualifiedThe readerOr on the equipment (or staff). If not for business operation caused by the employer"Too great a burden"So, it requires employers to provide reasonable adjustments to the applicant or employee known disability are eligible."Too great a burden"Refers to consider a number of factors, such as employers enterprise scale, financial resources and operational properties and structure, will cause a lot of difficulty or cost behavior. The employer does not provide reasonable adjustments need to reduce quality or production standards, the employer is not obliged to provide personal items, such as glasses or hearing aid. The employer shall not ask applicants disability status, type or severity. Applicants may be asked about their ability to perform specific job functions. Job offers can examination results for determining conditions, provided that all employees are required to check the similar work. Medical examinations of employees must be associated with the work and consistent with the employer's business needs. When the employer to use drugs as a reason to act, is currently illegal drug use employees and applicants shall not be subject to the American Disabilities Act "protection". Medical examination test of illegal drugs is not affected by the USA Disabilities Act "restrictions". The employer may do the same with other employee performance standards for illegal drug addicts and alcoholics. "USA Disabilities Act" the second chapter prohibits discrimination against qualified persons with disabilities in all projects, activities and public entity service. It applies to all state and local governments and their departments and agencies, as well as the state or local government of any other instrumentalities or special purposeAdministrative Region. "USA Disabilities Act" section third of the Act prohibits the use of"Public places"As"Private entity"Business premises and discrimination against people with disabilities. Chapter third in place of business including banks, restaurants, supermarkets, hotels, shopping malls, privateThe stadium, theaters, private day care centers, schools and University, accountants and insurance firms, lawyers and doctors office, museum and health club.