hseilio

sadfi sldfwlo j9iwelm ls jeo

U.S. law

U.S. law during the American War of Independence from the British common law system, only in terms of the highest authority, the United States Constitution, Congress enacted other laws and U.S. participation in international treaties is the country's supreme law. These documents formed the basis for a federal system under the federal law to determine the federal, 50 states and overseas territories of the legal authority.

Sources of law
There are four sources of U.S. law, they are constitutional law, administrative law, statutory law and common law (including case law). The most important source of law is the U.S. Constitution. All other legal property of the constitution to manage and less than a constitution. No law shall not contravene the Constitution. For example, Congress passed laws in conflict with the Constitution, the Supreme Court found the law may be unconstitutional.

In particular, an unconstitutional law and will not be sentenced to the "automatic" disappeared; it must be removed by a subsequent law. Many federal and state laws, after being ruled to be unconstitutional remain in the Code. But according to the "principle of stare decisis," the general reference to the lower court will not unconstitutional law, if the use will be revoked by the Supreme Court ruling.

United States common law
The United States and most Commonwealth countries, inherited from British law, common law tradition. For example, the U.S. courts inherited the "stare decisis" principle. A small part of the war of independence to implement the important British statutes are almost verbatim copy by U.S. states, respectively. Many of the legal profession will recognize that the fraud law and statute law No. 13 of Elizabeth, these two examples. The U.S. version of the modern English law is still often been quoted by the existing legal instruments.

Although different courts of Commonwealth countries often influence each other's judgments, the United States courts rarely follow the jurisprudence of the Commonwealth after independence, unless there is no corresponding U.S. jurisprudence, the facts and the law is almost the same, or the reason is very persuasive. Even after independence, the early American case is still frequently cited by the then British case, but the reference in the 19th century, are gradually disappearing, because the U.S. courts have established their own principles to resolve the American legal issues. [1] Today, the United States, the judicial reference to the vast majority of cases come from domestic sources. In some cases, the courts and case book's editor, would be an exception to quote Britain's distinguished jurists, such as William Blackstone or Lord Denning's view, expressed issues related to first impression.

Some of originalism and strict followers of Marxist texts such as the United States Supreme Court Antong Jennings Gallardo (Antonin Scalia) the judge insisted that U.S. courts should "never" after the reference to an independent judicial system outside the United States case , regardless of whether the reasons convincing, with only the United States signed an international treaty to explain circumstances that can be used as an exception. Such an attitude from the original intent of the principles of Marxism is not surprising, because it not only conclude that the United States Constitution is the highest judicial power sources, and that the Constitution only correct analysis should include the understanding of the drafters of the "original intent." Therefore, the discussion in the Constitution of the United Kingdom after the law is irrelevant, because it the intention of the drafters of the Constitution there is no connection. Others, such as Anthony Kennedy (Anthony Kennedy) judges and Stephen Breyer (Stephen Breyer) the judge took a different view on this, and often use their deemed useful and convincing, practical help, or foreign law. However, foreign law have never been cited as binding precedent, but merely a wide range of Anglo-American cultural values as a reflection of the

U.S. law during the American War of Independence from the British common law system, only in terms of the highest authority, the United States Constitution, Congress enacted other laws and U.S. participation in international treaties is the country's supreme law. These documents formed the basis for a federal system under the federal law to determine the federal, 50 states and overseas territories of the legal authority.

Sources of law
There are four sources of U.S. law, they are constitutional law, administrative law, statutory law and common law (including case law). The most important source of law is the U.S. Constitution. All other legal property of the constitution to manage and less than a constitution. No law shall not contravene the Constitution. For example, Congress passed laws in conflict with the Constitution, the Supreme Court found the law may be unconstitutional.

In particular, an unconstitutional law and will not be sentenced to the "automatic" disappeared; it must be removed by a subsequent law. Many federal and state laws, after being ruled to be unconstitutional remain in the Code. But according to the "principle of stare decisis," the general reference to the lower court will not unconstitutional law, if the use will be revoked by the Supreme Court ruling.

United States common law
The United States and most Commonwealth countries, inherited from British law, common law tradition. For example, the U.S. courts inherited the "stare decisis" principle. A small part of the war of independence to implement the important British statutes are almost verbatim copy by U.S. states, respectively. Many of the legal profession will recognize that the fraud law and statute law No. 13 of Elizabeth, these two examples. The U.S. version of the modern English law is still often been quoted by the existing legal instruments.

Although different courts of Commonwealth countries often influence each other's judgments, the United States courts rarely follow the jurisprudence of the Commonwealth after independence, unless there is no corresponding U.S. jurisprudence, the facts and the law is almost the same, or the reason is very persuasive. Even after independence, the early American case is still frequently cited by the then British case, but the reference in the 19th century, are gradually disappearing, because the U.S. courts have established their own principles to resolve the American legal issues. [1] Today, the United States, the judicial reference to the vast majority of cases come from domestic sources. In some cases, the courts and case book's editor, would be an exception to quote Britain's distinguished jurists, such as William Blackstone or Lord Denning's view, expressed issues related to first impression.

Some of originalism and strict followers of Marxist texts such as the United States Supreme Court Antong Jennings Gallardo (Antonin Scalia) the judge insisted that U.S. courts should "never" after the reference to an independent judicial system outside the United States case , regardless of whether the reasons convincing, with only the United States signed an international treaty to explain circumstances that can be used as an exception. Such an attitude from the original intent of the principles of Marxism is not surprising, because it not only conclude that the United States Constitution is the highest judicial power sources, and that the Constitution only correct analysis should include the understanding of the drafters of the "original intent." Therefore, the discussion in the Constitution of the United Kingdom after the law is irrelevant, because it the intention of the drafters of the Constitution there is no connection. Others, such as Anthony Kennedy (Anthony Kennedy) judges and Stephen Breyer (Stephen Breyer) the judge took a different view on this, and often use their deemed useful and convincing, practical help, or foreign law. However, foreign law have never been cited as binding precedent, but merely a wide range of Anglo-American cultural values as a reflection of the

xunG     uploadeb     freaksharp

 



 | 主页 |