Monday, 21 August 2017

A Synopsis of the American Legal System

America is known for having one of the most complex legal systems all over the world. The system bases itself on federal law but is supported by laws that are passed by state legislatures. The rights and freedoms that American citizens enjoy are enshrined in the Bill of Rights. The US constitution and American law apply to everyone within the country irrespective of their immigration status or citizenship. Besides this, even those who immigrated to the US illegally also enjoy most of the basic rights that are enshrined in the constitution.

The US constitution stipulates that every state in the union can establish its own unique system of civil and criminal laws. This means that the country has 50 dissimilar state legal systems that are supported by different laws, law enforcement agencies, courts, and even prisons. There is also a huge difference between local and state laws, which means that one must understand the laws of another state before moving there.

The US Judiciary

This is an autonomous arm of the US government. It comprises the US Court of Appeals, the US District Courts, and the Supreme Court, which is the highest court in America’s legal system. It is made of 9 judges appointed by the president to serve for life. The decisions made by these officials is final and binding. When it comes to determining cases, the Supreme Court typically evaluates the activities of federal and state governments before deciding whether these laws are constitutional or not. The court has the power to even nullify laws that have been passed by Congress. This proves how powerful it is.

Federal Courts

This is a distinct system of courts, which typically operates together with state courts. Federal courts mainly deal with cases that arise under any treaty or law, or the US constitution. They similarly hear and determine cases pertaining to disputes between state governments. Cases that fall within the jurisdiction of federal courts are often heard by federal district judges.

Criminal and Civil Courts

There is a clear distinction and separation between American civil courts and criminal courts. Generally, the former handle disputes such as child custody after divorce while the latter prosecute individuals who violate the law. Crimes may either be categorized as felonies or misdemeanors. Felonies are serious crimes such as drug dealing and robbery.

Those who are found guilty of such crimes are often sentenced to jail. Misdemeanors are lesser violations including illegal parking or dropping litter. Individuals who are charged with misdemeanors are often issued with summons or even left with a warning. Regardless of the violation that one commits, it is advisable to involve a lawyer who will help hasten the bail process or represent them in court. The US legal system has a provision for plea bargaining. This entails the defense and prosecution making a deal in such a way that the accused pleads guilty to a less serious charge.

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Friday, 18 August 2017

Personal Injury Law Basics

Personal injury cases are one of the most common instances wherein having a lawyer is absolutely necessary. You simply cannot do without the skills of an experienced and reliable personal injury lawyer by your side. This article explains what you should expect from your counsel.

Why Get A Lawyer?

As you know, legal matters can be pretty overwhelming if you have no idea what’s going on. More often than not, you will need the help of a legal professional who knows how to navigate the complexities of the law. It would also come in handy in situations where your insurance company refuses to honor your claim.

What to Expect

The actual amount you will receive as accident compensation will vary on a case to case basis. This is because it is determined by a number of different factors and circumstances pertinent to the case. This includes things such as the type and severity of your injuries, the amount of your medical bills, the time it will take for you to get back in shape.

If you wish to get the best deal possible, you should understand that it would only be possible with the right lawyer.

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Finding a Good Lawyer

Finding a good lawyer is indispensable, especially during times when you drastically need a reliable legal counsel. However, it is often easier said than done. This article seeks to help readers find the lawyer that will best fit their needs.

  • Budget – Obviously, you have to be practical when looking for an attorney to represent you in court. One of the first things to consider is whether you will be able to afford their services in the first place. You should also look into how the payment system works with a particular firm or lawyer as you can hire them on retainer or on an hourly/daily basis.
  • Specialization – Another thing you need to consider is the lawyer’s area of expertise. After all, the law covers a wide range of topics and fields. It is vital that you get a lawyer who is adept at the dynamics of your particular case. This way, you can rest assured knowing that you are in good hands.

This article provides a basic guide on the things you need to take into consideration when looking for a lawyer.  It would certainly serve you well to follow always keep these things in mind.

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