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November 2023

Week Duration: 07/11/2023 to 15/11/2023

Exercise on Overview of US Legal system

Learning objectives:-

1. To get an overview of the US economy and legal system.

2. To learn about the executive organs of the state of the US.

3. To understand the court system in the US.

What’s the utility of learning this?

You will be able to get an understanding about the legal structure in the US and the
basic knowledge that every paralegal is expected to have.

Exercise 1:

You are a freelance paralegal and work for projects on a work-for-hire basis. Mr.
Fedrid is a partner at Legar Law Pvt. Ltd. He wishes to expand into the US and
understand its legal structure. He has asked you to help him on a project to assist him
in preparing materials for his reference on the nuances of the US legal system.

He has asked you to research on the following topics:

1. What is the difference between the federal and the state court structure in the
US? (5 marks).
When it comes to resolving disputes that pertain to state laws, individuals typically
approach state courts for resolution. State courts are the primary legal forums for
handling cases involving state-specific legal matters, such as contract disputes, family
law issues, criminal cases, and more. State courts have jurisdiction over these cases,
and they apply and interpret state laws to reach their decisions.

Federal courts, on the other hand, come into play when issues involve federal laws or
the U.S. Constitution. There are several situations in which individuals may seek
redress in federal court, including:

1. Constitutional Rights: Federal courts handle cases that revolve around violations of
constitutional rights. This may include issues related to the First Amendment
(freedom of speech, religion, etc.), the Second Amendment (right to bear arms), the
Fourth Amendment (protection against unreasonable searches and seizures), and other
fundamental rights.

2. Validity of Statutes: Federal courts can also hear cases involving the validity of
federal or state statutes when they are challenged on constitutional grounds. If a law is
alleged to infringe upon constitutional rights, it may be reviewed by a federal court.

3. Federal Question Jurisdiction: Federal courts have jurisdiction over cases that raise
federal questions, which means that federal law is a key component of the dispute.
These cases can encompass various areas of law, such as civil rights, patent and
copyright disputes, immigration matters, and more.

4. Diversity of Citizenship: Federal courts may also hear cases based on diversity
jurisdiction, where parties from different states are involved, and the amount in of
controversy exceeds a certain threshold. In such cases, the dispute is typically not
related to federal law but arises due to the diversity of the parties involved.

In summary, state courts primarily handle disputes related to state laws, while federal
 courts come into play when the issues involve federal law, constitutional rights, or the
validity of statutes. It's essential to determine the appropriate court for your specific
case based on the nature of the dispute and the legal principles at stake.

Correct.
Well done!! I appreciate that you have provided three points of difference between federal and
state courts.
Just a suggestion, always attempt a ‘difference’ question in a tabular form. It makes the answer
presentable.
 2. Provide a brief explanation on the working of the jury system of the US courts.
(5 marks)

The United States jury system is indeed divided into two main parts: the federal level and the
state level. Each level has its own judicial hierarchy and court structure to handle different
types of cases.

At the federal level, the highest court in the land is the United States Supreme Court. This
court's primary role is to deal with cases that revolve around questions of law, constitutional
interpretation, and issues of national significance. It has the authority to review cases from
lower federal courts and to clarify and establish legal precedents that apply across the entire
country. The decisions of the U.S. Supreme Court set legal standards that must be followed by
all lower federal and state courts.

On the state level, the court system is more decentralizeddecentralised. It typically consists of
state trial courts, state appellate courts, and a state supreme court. State trial courts, also
known as trial-level or superior courts, are responsible for handling ordinary disputes and civil
or criminal cases that arise under state law. These cases do not necessarily involve questions
of federal law or constitutional interpretation and are generally not within the jurisdiction of
federal courts.

State appellate courts come into play when parties disagree with the decisions made by trial
courts and seek to have those decisions reviewed. Appellate courts assess whether the trial
court correctly applied the law and may issue rulings that clarify or modify state law but do
not create binding precedents like the U.S. Supreme Court does at the federal level.

The state supreme court, at the apex of the state's court hierarchy, is the highest court within
that state. It handles cases involving state law, constitutional issues specific to that state, and
questions of law arising from the state's legal framework. The decisions of the state supreme
court are binding within the state's jurisdiction and help establish legal standards for that
particular state.
In summary, the United States jury system is divided into federal and state levels, with the
U.S. Supreme Court serving as the highest federal court for matters of law, and state supreme
courts serving as the highest state courts to address issues specific to that state's legal system.
The state courts, including trial and appellate courts, deal with ordinary disputes and cases
arising under state law, which typically do not involve questions of federal law or
constitutional interpretation.
Correct.
Excellent!! I appreciate that you have provided explanation on the workings of the jury system
in the US legal system.

Exercise 2: (10 marks)

Write an article on the legal structure of the US. You may do a comparative study on
the other types of legal structures in existence. Support your article with relevant
authentic sources and to avoid plagiarism, make sure you do not to copy paste from
sources online.

Additionally, Introduce the above chosen topic to your connections on LinkedIn and
inform then about this article you have written. Provide a link and invite their
comments and feedback on the same.

Tag Ramanuj Mukherjee, Abhyuday Agarwal, Komal Shah, Harsh Jain, Yash
Vijayvargiya, and Himi Singla to reach more eyes. Please note that the purpose of
tagging is only to increase the outreach of this post and is hence as per discretion.

The United States Jury System

Introduction

The United States boasts a complex legal system that is structured at both the federal and state
levels, each with its own jurisdiction and role in administering justice. At the federal level, the
United States Supreme Court is the highest authority in the land, primarily handling cases that
involve questions of law, constitutional interpretation, and national significance. On the state
level, the court system is more decentralized, consisting of state trial courts, state appellate
courts, and state supreme courts. This article explores the dual-tiered nature of the United States
jury system, its functions, and how it compares to legal systems in other parts of the world.

The United States Federal Court System

At the federal level, the United States Supreme Court holds a unique and pivotal position within
the American judicial landscape. Its primary function is to address cases that revolve around
questions of law, constitutional interpretation, and issues that bear national significance. These
cases may involve federal law, the U.S. Constitution, and legal principles that apply across the
entire country. The decisions of the U.S. Supreme Court have the authority to set legal
standards that must be followed by all lower federal and state courts. This high court can
review cases from lower federal courts, offering guidance, and making authoritative
interpretations of law.

The State Court System

In contrast, the state court system operates within a decentralized framework, and its structure
may vary from one state to another. Typically, it consists of three main tiers: state trial courts,
state appellate courts, and state supreme courts.

1. State Trial Courts: Often referred to as trial-level or superior courts, these courts are
responsible for resolving ordinary disputes, civil or criminal cases that arise under state law.
Cases handled at this level do not necessarily involve questions of federal law or constitutional
interpretation and are generally not within the jurisdiction of federal courts.

2. State Appellate Courts: When parties involved in a legal dispute disagree with decisions
made by trial courts, they may seek recourse by having those decisions reviewed by state
appellate courts. The primary role of these courts is to assess whether the trial court correctly
applied the law. While they can issue rulings that clarify or modify state law, these rulings do
not create binding precedents like those established by the U.S. Supreme Court at the federal
level.

3. State Supreme Courts: The state supreme court stands at the top of the state's court hierarchy,
serving as the highest authority within that specific state's legal system. These courts primarily
handle cases involving state law, constitutional issues specific to the state, and questions of law
that arise from the state's legal framework. The decisions of the state supreme court are binding
within the state's jurisdiction and help establish legal standards for that particular state.

Comparing the U.S. Jury System to Legal Systems Worldwide

The United States' division of the jury system into federal and state courts is a unique feature of
its legal system. While it allows for the effective administration of justice at both national and
state levels, it differs significantly from legal systems in other parts of the world.

In many other countries, there may be a centralized court system that does not distinguish
between federal and state-level courts as seen in the U.S. legal system. Furthermore, not all
countries have a constitutional framework like the United States, which grants a supreme court
the authority to interpret and enforce a national constitution. Instead, legal systems in some
countries rely more heavily on civil law traditions, precedent, or a unitary court system to
address legal issues.

Conclusion

The United States jury system is a dual-tiered structure that divides its legal matters between
federal and state levels. The United States Supreme Court holds the highest authority for
federal legal issues, while state trial courts, appellate courts, and state supreme courts manage
state-specific legal disputes. This system is unique to the United States and serves as a
distinguishing feature of its legal landscape when compared to legal systems in other parts of
the world. While the U.S. system can be complex, it allows for the effective administration of
justice at both the national and state levels, reflecting the nation's federal structure and its
commitment to upholding the rule of law.
Partially correct.
As mentioned in the question itself, you were required to provide citation of the sources
referred to for writing the article.

Scores
Exercise 1- 10/10
Exercise 2- 9/10

Dear R. Faheem,

Good work on your attempt at this exercise; your efforts are appreciated. There are a few
suggestions I would like you to take into consideration-
 When providing points of difference, it is essential to provide the same in a table format
for better presentation of the answer.
 Under exercise 2, as mentioned in the question itself, you were required to provide
citations of the sources referred to for writing the article.
 Formatting should be proper and uniform throughout the document. Use standard
format for all documents.
 Understanding the U.S. legal system is crucial for various reasons, as it plays a
fundamental role in shaping and governing the society. The U.S. legal system is built on
the principle of the rule of law, which means that everyone, including government
officials, is subject to and accountable under the law. Understanding how the legal
system operates helps individuals navigate society within this framework. The legal
system safeguards individual rights and freedoms. Knowledge of the U.S. legal system
empowers citizens to understand their rights and responsibilities, ensuring they can
protect themselves and seek legal remedies when necessary. Individuals and businesses
are bound by various laws and regulations. Understanding the legal system helps people
comply with these laws, reducing the risk of legal issues and conflicts.
 Writing an article as a legal person, such as a lawyer, legal professional, or
representative of a legal entity, carries significant importance. Articles in the legal field
serve various purposes, including educating the public, sharing legal insights, building
 professional reputation, and contributing to legal discourse. Here are some of the
important points that should be taken into consideration when writing an article-
o Clarity and Precision: Clearly articulate legal concepts and ideas. Use precise
language to avoid ambiguity and misinterpretation.
o Target Audience: Identify and understand your target audience to tailor your
article's content accordingly. Adjust the level of legal complexity based on
whether you are addressing legal professionals, clients, or the general public.
o Thorough Research: Base your article on thorough legal research using credible
sources. Provide citations for legal precedents, statutes, and cases to support
your arguments.
o Structure and Organization: Follow a logical and organized structure with a clear
introduction, body, and conclusion. Use headings, subheadings, and bullet points
to enhance readability.
o Engaging Writing Style: Write in a style that is engaging and accessible to your
intended audience. Avoid unnecessary legal jargon, or explain complex terms
when necessary.

Keep up the excellent work.

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Reading Material for the Class:

From your LMS:

Module: US legal system

● US executive organs of the state

● US Federal government and division of powers

● Sources of law in the US

● Court system in the US and Levels of court

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