The creation of the common law from judicature, has a rich history and traditional connotation, is an important part of American legal structure. The common law also comes from the two branches of Government: the creation of legislation and administration, in the development process American legal system, the two also plays a very important role. As noted, each branch has its own powers and achieve the power to continue to evolve. Together, they constitute between government agencies are independent of each other in the checks and balances of power system, the power in this way were assigned in three branches, so that it can restrict each other's behavior. In this way, the architects countries to find methods to prevent abuse of rights of any party in the three.

1,      The Justice Department

The federal government (Columbia SAR) and each state has its own court system. The federal courts by the three different levels of courts: the district court, the court of appeal and the Supreme Court of USA. They are also called the third paragraph of the court, because they are based on the USA constitution created third. The right to enjoy life, after the third judges of the court appointed unless malfeasance, shall not be removed. In addition to these generally under the jurisdiction of the court, there are also some special federal court, such as the bankruptcy courts and the tax court. The federal court judges are appointed by the president USA, again by the senate.

In addition to the federal courts of special, the district court is the trial court of federal system. The first to refer the dispute to the district court and provide witnesses and evidence submitted. A lawsuit has been called "the plaintiff", the action is brought is known as "the defendant". In many cases, the parties may request a jury trial. Most of the cases are from the district court's judges sitting alone, although there are some types of case is composed of three judges of the collegiate bench trial.

If the parties to the district court's decision, they can then appealed the decision to the federal court of appeal. In the country a total of thirteen such institutions. As the Eleventh Circuit Court of appeals and Columbia C. circuit court were heard from the geographical jurisdiction of the court of appeal, this process is called a "tour". For example, as marked on the map as the second circuit court of appeals, to hear from within its area of appeal: Connecticut, New York, vermont. On the other hand, a federal appeals court, also heard from some special court of appeal, court of international trade, for example, or some specific issues from the court Federal District, such as the problem of patent law.

If the ruling on appeal ("appellant") words, the court of appeal must listen to the district court appeal, the other party in a file called "appellee". The court of appeal is not a new trial. On the contrary, it through the previous regional court forensic evidence for judgment. Since a new trial did not produce, need not jurors and witnesses. On the contrary, the plaintiff and the defendant should submit a written summary to the court to explain why support or overthrow the judgment of the district court.

The appeal court usually allow both parties for oral argument before a court. At oral argument, each party, the parties or their attorneys to state the case and answer the questions. Unlike the trial court, the court of appeal is mainly through the three judge panel made. Especially important cases to the court hearing and make the circuit court. In the circuit court, the number of some types of cases are heard even judges are not enough.

Some can be submitted through a certiorari petition to the Supreme Court, the court of appeal in the losing party. As the court of appeal, the Supreme Court did not produce new decision; previous court case based on the evidence by the judge in court hearings and before a court in written and oral argument points. However, unlike the court of appeal, the Supreme Court can not listen to the decision of the lower court. If the nine judges and four of the vote, the Supreme Court will issue a writ of certiorari to. Every year the Supreme Court received tens of thousands of requests certiorari appeal, but only one small part supported. In 1994, for example, in the Supreme Court received 8100 pieces of the appeal it supports only 136, less than 2%.

Usually, the Supreme Court only in cases caused by special important problem or the appellate court to have conflicting decision situations under a certiorari. Compared with the brief statement usually, rejected the Supreme Court for a writ of certiorari application does not mean that the lower court decision to agree. The denial of certiorari to the Supreme Court just don't make decisions for. In your civil litigation in the course, you will learn the special method to get the Supreme Court to hear more, such as through the appeals court for trial appeal and appeal for the judgment itself. You will also learn the Supreme Court and state courts in the power of the different.

Each state has its own court system, most to the federal system is composed of the District Court (in some states within the purview of known as the "court", "circuit court", or "high court"), an intermediate appellate court, and a supreme court. In some states, the appellate court is the name of the opposite. For example, in the trial court in New York state and the intermediate appellate court is called the "Supreme Court", the Supreme Court is called "the court of appeals". Some states and no intermediate appellate court, so some of the disappointed party only a chance to overthrow the trial court decision. Many states also have to solve the special problems of court, such as family law, lawsuit, juvenile delinquency. These states have different means to choose the state court judge. In some states, judges are elected; in other states, judges are appointed by the governor or the parliament or by the designated production.

2,      Legislation

Like courts, legislation plays a very important role in the process of creating law. Make law legislation and judicature are quite different, however, the court made law through the case of inheritance. The legitimacy of the court has been behavior, the court only constraints on the litigation in the party. On the other hand, the legislation creating law, the legislative power, only for all future behavior norms in legislation. When the common law and the legislative and judicial creation have the legal conflict, unless the violation of American constitution, legislation is usually better than the judicial application. If a state law unconstitutional, is invalid.

In the federal courts, legislation was American Congress master. A bicameral Congress, that is to say there are two house, the Senate and the house of representatives. The Senate of 100 seats. Each state elected two members, each Senator for six years. On the other hand, the house has 435 seats (sometimes called male congressman or Congresswoman), each member of the house of Representatives serve two-year terms. The number of representatives from each state to vote by the people of Quanzhou. The Congress is usually also contain directly from Columbia zone, Guam, Samoa islands, the Virgin Islands, non election personnel.

The federal law usually go through the following procedures. First of all, a Senator must propose legislation ("the act"). Sometimes, a bill have supporters also submitted to the Senate and the house of representatives in the Senate and house of representatives. When the bill was proposed in parliament, before the meeting, every act is assigned a number to represent the bill was proposed in which the Parliament and during the meeting after much discussion. For example, if the bill in the Senate was discussed during the meeting 10 times, then use "S.10" to represent the fifteenth times, by the house of Representatives bill with "H.R.15". If the bill in the Senate and house of representatives have been proposed, said in two logo, used in each case.

In be submitted after the discussion, the presiding officer of the Parliament Act to transfer the right to Parliament and decided to terminate the specified legal bill for discussion ("") committee. Then by the chairman of the committee to decide whether the bill into parliament schedule. If not into the schedule, act on the termination. If the bill into the schedule, the chairman of the committee by the bill submitted to it under a more specialized committee. A lower level committee collected about bill information, for example, may lead to public opinion and influential organization report. In the absorption of these materials and consulting basis, the next level committee can amendment act. Then act to the committee a written report, the report should include legislative proposals under a committee of the council. If the next level committee to terminate the bill, it will produce an adverse report or don't report.

If the next level of the committee's report is favorable, the committee will consider the bill through. As a committee, Committee on the basis of public opinion on the bill of amendment. The Committee and then decide whether to parliament to vote. If the committee must act should not be further discussed, it will give an adverse report or use more simple: don't mention the act or hold it, this program often end up most of act. If the Committee supported the bill, the committee will give a favorable recommendation and written report including a detailed analysis of the bill during the discussion, have to collect information and opposition. If the act involves more than two committee of the authority, act will be submitted to relevant committees, and then start the same program.

Since the end of the committee's deliberations, act and the recommendations of the committee will be submitted to parliament. If the Committee recommended the adoption of act, by congressional leaders to decide whether to be considered in the parliament. In the house of Representatives, rules committee will decide whether to submit the house from the program, they will be to debate and vote on the bill to decide whether to adopt the advantages of. Bill can be further modified in the house of commons. If the bill passes, it will be sent to the Senate, and then start the same program.

Accept the Senate bill and its Committee and sub committee can modify the bill. Therefore, through the end of the bill and the House bill may have language and content difference. If the difference is small, the house will accept their. If it is substantially modified, usually referred to the committee, including senators and congressmen. The committee will attempt to reach a consensus. If such a compromise is mostly from the Senate and house of Representatives committee members to accept the Commission, cursive a report about it suggested compromise. Two members of parliament must approve the report class, if they do not, the conflict would return commission review.

When the Senate and the house of representatives agree the terms of the legislation, the bill will be submitted American president. Even bill presentation and compromise stage, still not legal act. The president can veto the bill, if the president's veto, not the house or the Senate majority vote to three points not overthrow. If no meeting in to the president within 10 days of the parliament, the president signed the bill of rights will lose (a "pocket veto") will also let the bill failure. On the other hand, regardless of whether the president signed the bill, if Parliament is in session, in 10 days lost to bill veto.

Although the structure and process of state legislation and America congressional legislation, but they are similar in general. In Nebraska, the general has two council. Only one (Nebraska unicameral parliament). State legislatures usually to the legislative council. In many states, all the members sit down overall review act, and not to submit the case only a parliamentary committee.

City and other small political units often have legislative activities, such as City Council and town management committee. These legislative system and the hospital system. The structure of the Commission, even than the state and federal slightly a little rough. These institutions of law as the law, while only comply with federal laws, state laws and local laws to effectively. Therefore, a person should abide by three or more legal adjustment of federal laws, state laws, and local laws and must comply with.

3,      The administrative section

The implementation of administrative organs in charge of law. The president is the highest executive USA against legal liability, sometimes someone will create new laws. For this purpose, the president has the new tools to use, including the executive orders and administrative agreement. An administrative order is explained and the application of a federal law. An administrative agreement was used on the other hand handle relations between nations. Both have full legal effect.

A large number of complex law must be implemented by administrative organs, however, this is a widely used special necessary administrative means. So the administrative behavior of various is administrative organ to implement, such as the food and drug administration, environmental protection agency and the Veterans administration. The administrative organ can only exercise the powers conferred by law. Any more than authorized act is invalid. Interestingly, although the administrative organ all power comes from the government authorization, it still can exercise the law has not stipulated the content, execution and res judicata. When the separation of the three powers concept based on legislation, administrative, judicial separation of three rights mode, the administrative organ has legislative and judicial power.

The administrative organ to exercise the administrative power by issuing regulations. The regulations set standards, such as pollution control standards, and other government behavior. Like other legislation, regulations and not for a specific individual, but to set the administrative jurisdiction all activities within the scope of. In enacting binding provisions before, an administrative organ usually through hearings, printing bills to solicit public opinions, suggestions and feedback for the. Regulations have the force of law, if the regulatory agency authority or a violation of the constitution, the court can be declared invalid.

An administrative organ may because of its specific administrative actions prosecuted. In this way, the administrative organ has the effect of quasi judicial. The administrative organ may judge whether a person in violation of the rules or face fines or criminal. Administrative organs should decide whether individuals have received administrative license qualification or other government interests. Administrative organs to exercise their functions and powers, have the right to a hearing, evidence, and make decisions.

The state administrative organs of the pattern and the federal model is similar, although they are in many ways have different. The governor is the Supreme executive. In the local administrative authorities, their names are different, but the word "mayor" are widely used. In the federal government, a lot of power is decomposed into the office at this level. Small differences are usually state administrative organs set up in the form and the authority and the federal government.