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The answer to “who creates the law?” may seem obvious – Congress, the President, and the courts do. But each group has a different role in the creation of law.
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The Three Branches of Government
The Constitution of the United States divides the responsibility for making laws between two different kinds of legislature: Congress and the state legislatures. In most cases, Congress has the power to make laws that apply to the entire nation. This is called federal law. The state legislatures have the power to make laws that apply just to the people who live in that state. This is called state law.
The Legislative Branch
The Legislative Branch is in charge of making the laws. They do this by proposing new laws, debating on laws, and voting on laws. The two main houses of the Legislative Branch are the House of Representatives and the Senate. The House of Representatives is made up of 435 congressmen, and the Senate is made up of 100 senators. All together, they are known as Congress.
The Executive Branch
The executive branch is responsible for carrying out the laws of the United States. The president is the head of the executive branch, and his duties include signing legislation into law, vetoing bills, executing the laws, and serving as commander in chief of the armed forces. The president also appoints judges to the Supreme Court and other federal courts.
The Judicial Branch
The judicial branch is in charge of deciding the interpretation of the law. They also settle disputes between people or organizations.
The Federal Court System
The Constitution of the United States provides that there is a federal court system, which is distinct from state court systems. The Constitution gives Congress the power to establish the federal courts. Congress has exercised this power by creating a hierarchical system of federal courts, with the Supreme Court at the apex. The Constitution also provides that the president appoints judges to the federal courts with the advice and consent of the Senate.
The federal court system is divided into judicial circuits and districts. There are 94 districts—92 are geographic and 2 are territorial. carved out of those districts are 12 circuits—11 are geographic and 1 is nationwide (the Federal Circuit). Each state has at least one district court. D.C. and Puerto Rico each have a district court. U.S. territories each have a district court except for American Samoa, Guam, Northern Mariana Islands, and Virgin Islands, which each have a territorial court
The State Court System
In the state court system, trial courts are generally divided into two categories: criminal and civil. Criminal courts deal with cases involving people accused of crimes, while civil courts handle disputes between parties. Each state has its own court system, so the specific trial court in which a case is filed will depend on the state in which the case is taking place.
There are also a few other types of courts that may be involved in state court systems, such as juvenile courts, family courts, and probate courts. In some states, these types of courts are separate from the general trial court system, while in others they may be part of it.
The Role of Lawyers
Most people think of lawyers as individuals who represent clients in court. However, this is only a small part of what lawyers do. Lawyers also research the law, draft documents, give advice to clients, negotiate on behalf of clients, and represent clients in administrative hearings. In addition, many lawyers serve as executive directors or general counsel for corporations. Some lawyers even become judges.
The Role of Judges
Judges play a vital role in our legal system. They interpret the law and ensure that justice is served. But how do they become judges? And what exactly do they do?
In most legal systems, judges are appointed by the government. In some countries, such as the United States, judges are also elected by the people. Once appointed or elected, judges hold office for a set period of time, usually until they reach a certain age.
Judges typically have extensive legal training. In some countries, they must also have several years of experience working as a lawyer before they can be appointed to the bench.
The main role of judges is to adjudicate cases. This means that they preside over trials and hear evidence from both sides. They then make a decision based on the law and their own interpretation of the facts of the case. Judges also have the power to sentence criminals and issue other rulings, such as ordering someone to pay damages in a civil case.
In addition to their adjudicative role, judges also play an important role in developing the law. This is because their decisions set precedents that other courts must follow in similar cases. Judges also have the power to make new laws through their interpretation of existing laws.
The Role of Legislators
In every democracy, citizens elect representatives to represent their interests and make laws on their behalf. The people who are elected to this role are known as legislators. In the United States, legislators are typically elected to serve in Congress, which is made up of the House of Representatives and the Senate. State legislatures also play an important role in creating laws.
Legislators typically have a team of law clerks who conduct research and help them draft legislation. Once a bill is drafted, it is introduced in the legislature and goes through a process of debate and vote before it becomes a law. If the bill is passed by both the House and Senate, it goes to the President for signing. If the President vetoes the bill, it can still become a law if it is passed again by a two-thirds majority in both houses of Congress.
The Role of the People
In a democracy, the people play an important role in the creation of law. Through their elected representatives, they make the laws that govern their society. In some countries, they may also have a say in how those laws are interpreted and applied.
