U.S. Founding Documents and Court Systems

Research Essay: U.S. Founding Documents and Court Systems Assignment Instructions

Overview

For this assignment, we examine the United States legal system, which is often described as a common law legal system. However, the United States legal system may incorporate principles of other legal systems. This module will examine the unique system that has developed in the United States. This assignment hones your research and writing and sharpens your analytical skills by requiring you to research primary source founding documents, identify which legal system they fall into and justify that identification, and also identify similarities between two legal traditions that seem vastly different.

Instructions

The United States has developed a unique combination of both civil and common law. For this essay, read the founding documents of the United States assigned for this module: Declaration of Independence, Constitution, and Bill of Rights. Then, read and review the United States courts website. This essay will address the following:

• In the first 2-3 pages of your essay, explain whether the United States founding documents fall within the civil law, common law, or both.
• In the second half of this essay, compare the format of the United States federal court system to the court system of 1 state of your choosing. Compare the structure described on the federal website to the structure described on the website of 1 state. You may choose the state in which you live or a state you would like to visit. However, make sure to provide citations to the websites from which you learned the information. Remember, examine the structure on the website of the state’s court system, not on Wikipedia or another online encyclopedia or blog.

Your essay must be 5–6 pages in current Bluebook format and contain at least 5 scholarly sources in addition to/other than the course textbook and the Bible. Wikipedia does not count as a scholarly source. Include headings for clear organization. Cover Pages will not count toward the page total, and your citations should be in-text citations (not footnotes, endnotes, reference pages, etc.).

Note: Your assignment will be checked for originality via the SafeAssign plagiarism tool.

ANSWER

United States Founding Documents and Court Systems

Introduction

Common law originated from England and was primarily adopted in the US, while civil law is derived from the structural codes in Roman law. The US legal system and court systems are derived from the founding documents; The Declaration of Independence, the Constitution, and the bill of rights. The documents were created to separate from colonial rule and establish the US as an independent country. These three founding documents derive their structure and powers from civil and common law.

The Declaration of Independence

The Declaration of Independence was endorsed on July 4, 1776, marking British colonial rule end in the United States. The document exhibit elements of common law as it acknowledges the unalienable and mundane rights of citizens within its jurisdiction. Common law upholds human rights and recognizes the equality of all men. In addition, the document also seeks to curb the powers of state officials who are elected to represent the citizens by imposing obligations on them to support the values enshrined in the document (Loughran, 2020). The Declaration of Independence states the principles and natural law on which the US government was formed. Natural law is part of British common law legal systems. However, the Declaration of independence also exhibits elements of civil law. The Declaration of Independence was a statement of grievances held against the governing body. The legality of the document is enshrined in its capacity to be based within a governing body tradition. Before the revolution, the British Monarch was the constitutional body of the US; thus, the document is legally binding based on civil law (Scalia, 2018). However, the document falls under the realm of common law since it does not amount to policy rather than a declaration of intent.

The Bill of Rights

The Bill of Rights refers to the initial 10 Amendments to the US constitution. These amendments guarantee fundamental rights such as the freedom of religion and free speech. The document also reserves rights to the people and the states. The document was ratified in 1791 and is an integral part of the Constitution. The Bill of Rights falls within the common law. The Bill of Rights was derived from the Magna Carta and is a pact safeguarding individual liberty and natural rights against an unjust government.

The founders highlighted that the Constitution accorded too much power to the federal government, thus reverting to an authoritarian rule. The Bill of Rights ensured the law of the land applied to everyone and that specific rights were fundamental, and no government authority had the power to violate them (Magliocca, 2018). Thus, the framing of the Bill of Rights was derived from a common-law perceptive of upholding fundamental human rights. The function of the Bill of Rights lies in recognizing the ambiguity of the Constitution and is also not based on majority rule. The framers of the Bill of Rights explicitly identified that the rights were not exhaustive and did not deny rights retained by the people, including natural rights inherited from laws and common law traditions. In addition, some phrases in the Bill of Rights were initially adopted from common law, for example, the trial by jury and due process.

The Constitution

The Constitution was signed on September 17, 1787, at the Pennsylvania State House. The Constitution is based on common law. First, the judicial power vested in the Constitution is derived from common law. The features of the judicial process, such as writing opinions to expound on verdicts, the rule that judges must be members of the bar, and the use of precedents, are all elements of common law (Stoner, 2012). Besides, the inclusion of effrontery of innocence and the condition that criminal culpability is validated to surpass a rational uncertainty in the due process of law has reference to common law.

Common law is also used in the interpretation of the Constitution. Common law was used to frame the question to be asked before concluding on a law. The arguments relied on rational thinking instead of the definitive legislature of a supreme source since they would generate infinite regress. The lack of a source of the laws meant that they could be ratified and modified to relate to pristine laws such as those enshrined in the Constitution. This perception that the process happened case by case and the laws are still controversial is an element of common law. Furthermore, the Constitution was derived from amendments from the Articles of Confederation, but the states did not dissolve neither did they disregard most common laws regarding property and personal status (Stoner, 2012). This shows that the Constitution was created as an adjustment in an existing federation rather than ex nihilo emerging from the state of nature.

Comparison of US Federal Court System and Oregon State

 The US Federal courts system is organized in a three-tier system comprised of the Supreme Court, the circuit courts, and the district courts.

The Supreme Court

The US Supreme Court is the highest authority in the legal system. It comprises nine judges, eight associate judges, and one chief justice nominated by the president and verified by the senate. They also serve for life. The Supreme Court has the power to decide appeals on all cases associated with federal regulation. After disagreeing with the ruling in the circuit courts or state supreme court, factions appeal to the supreme court. The parties submit a writ of certiorari asking the supreme court to hear a case (Introduction to The Federal Court System, 2021). However, the supreme court has no obligation to listen to the appeal, with less than 1% of the cases being heard. If the writ is not acknowledged, the lower court’s opinion holds. A grit is acknowledged where at least four justices vote to hear the case. Where a writ is admitted, the Supreme Court takes briefs, oversees oral evidence, and an opinion published.

Circuit Courts

The circuit courts are the intermediary courts where district court case decisions are appealed. There are 12 federal circuit courts and the United States Circuit Court of Appeal, which has nationwide jurisdiction since it is based on subject matter rather than geographical (Introduction to The Federal Court System, 2021). There are six to 29 judges in each circuit court, nominated by the president and verified by congress. They also serve for life. Three circuit judges are charged with determining whether the trial courts applied the law correctly. The appeal factions catalog briefs stating why the district trial court opinion should be asserted or reversed. Subsequently, the courts schedule an oral argument where lawyers make their arguments and answer queries. The circuit judges then publish an opinion which either affirms or reverses the trial court decision. Circuit courts do not utilize a jury in making a decision.  The court of appeals for the federal circuit has national jurisdiction. It is charged with hearing appeals in specialized subject matters involving the US Patent and Trademark Office, US Court of Federal Claims, and US Court of International Trade. In addition, there are specific appellate courts established to deal with particular subject matters such as military matters through the US Court of Appeals for the Armed Forces and veteran claims through the US Court of Appeal for Veterans Claims.

The District Courts

They serve as the established trial courts of the federal court structure. There are 94 district courts, each having one US district judge spread across the country. The district judges are nominated by the president and verified by the senate, and their tenure is for life. There are 670 district court judges nationwide.  District courts hold trials that fall within the jurisdiction of the federal statutes (Introduction to The Federal Court System, 2021). The US attorneys also use the federal district courts for trials incorporating federal laws and cases where the federal government is an interested party. The District courts judges settle cases by deliberating the facts and exerting legal standards. The jury is also included in deciding the cases. Magistrate judges are elected by a popular poll of the judges and discharge their duties for four years part-time and eight years full-time. Magistrate judges help the district judges prepare for trials, pretrial motions, and fact-finding, conducting misdemeanor cases, issuing search warrants, and setting bail. Each federal district court incorporates a bankruptcy court that administers bankruptcy laws. In addition, three special courts have nationwide jurisdiction. The United States Court of Federal Claims deals with claims for monetary damages against the federal government, The Court of International Trade, which settles cases involving international trade and customs laws, and the United States Tax Court, which deals with tax issues.

Oregon State Court System

Oregon Justice Department (OJD) is a four-tier system consisting of the Supreme Court, the court of appeal, tax court, and circuit court. All OJD state judges are elected to six-year terms through fair elections and run for re-elections at the end of their tenures.

The Supreme Court

Oregon State Supreme Court was established in 1859 and acted as the state’s court of last resort. It consists of seven judges who serve for six years. It reviews petitions emanating from the court of appeal decisions where at least three justices must vote to allow the review (Oregon Judicial Department, 2021). Where the assessment is quashed, the court of appeal decision stands. The Supreme court also deals with original jurisdiction cases derived from the state constitution, such as challenges to administrative agency actions, death penalty, and tax court appeals.

The State Court of Appeals

The Oregon court of appeals handles appeals from the circuit courts except those whose jurisdiction lies exclusively with the supreme court. The court of appeal consists of 13 judges elected through a nonpartisan election for six years (Oregon Judicial Department, 2021). A chief judge appointed by the chief justice of the Oregon supreme court acts as the executive head of the court. The judges are divided into four panels. The review of an appeal culminates in either an agreement with the circuit court verdict or the panel publishing a different adopted opinion. The adopted view is then reviewed by all 13 judges who agree with the review or decide an appeal should be considered.

Oregon Tax Court

The Oregon tax court has absolute statewide jurisdiction over cases relating to state tax regulations such as property tax. The tax court is apportioned into two sections, the magistrate and the regular section. The magistrate division first hears the tax law appeals, convenes a trial, and writes a verdict. The regular division hears tax law appeals as a pristine case by the tax court judge who writes a final verdict. Appeals on the opinion of the regular division constitute the Oregon Supreme Court jurisdiction.

Oregon Circuit Courts

The Oregon Circuit Courts decide cases of general jurisdiction, both civil and criminal. Each Oregon county has a circuit court organized into 27 judicial districts, consisting of 137 judges (Oregon Judicial Department, 2021). Oregon circuit courts are divided into three divisions; county courts, justice courts, and municipal courts. County courts handle cases such as probate and juvenile cases. Justice court’s jurisdiction covers violations occurring with the specific counties. Municipal courts have jurisdiction over offenses in the city in which the court is located.

References

Introduction to The Federal Court System. (2021). Retrieved April 28, 2021, from https://www.justice.gov/usao/justice-101/federal-courts

Loughran, T. (2020). Founding Documents: Writing the United States into Being. A Companion to American Literature, 1, 393-410.

Magliocca, G. N. (2018). The heart of the Constitution: How the bill of rights became the bill of rights. Oxford University Press.

Oregon Judicial Department: About Us: About OJD: State of Oregon. (2021). Retrieved April 28, 2021, from https://www.courts.oregon.gov/about/Pages/default.aspx

Scalia, A. (2018). Common-law courts in a civil-law system: the role of united states federal courts in interpreting the Constitution and laws (pp. 3-48). Princeton University Press.

Stoner, J. (2012). Why You Can’t Understand the Constitution Without the Common Law – James Stoner. Retrieved April 28, 2021, from https://lawliberty.org/forum/why-you-cant-understand-the-constitution-without-the-common-law/

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