The Justice System Of The American Bar Association

What is the importance of the American legal system? The American Legal system is important because it plays a vital role in how we live our lives every day. It was created as a common law system which relies on court authority in making important decisions. The purpose of this legal system is to help make sure that our country is in a peaceful and civilized manner. This system promotes good morals and disciplines those who try to deliberately harm others and break the laws.

The courts play a huge role in the criminal justice system. The dual court system of the United States (U.S.) was established through the U.S. constitution. The court systems have a multiple purposes and elements of court. Federal and state court system is what makes up the dual court system of the U.S. Today the U.S. court system is what it is today because of previous legal codes, common law, and the precedent it played in the past. Making the U.S. court system a vital role in the criminal justice system..

“The court finds you guilty on all accounts. You are sentenced to 35 years in federal prison. Court dismissed.” If only justice in America was the same as a hollywood movie, where, in the end, each and every person put on trial receives a true and just verdict. It would be nice if America’s justice system was designed so that “you couldn’t be the next victim of corruption - innocent and sent to prison, or strapped to a table and put to death; or robbed of your life savings by American lawyers” (Sachs, America’s Corrupt Legal). Welcome to the new America, where all it takes is pockets as deep as the Pacific Ocean to be innocent and poverty to be found guilty, thrown in jail, and not given a second thought. Although America often prides itself on its just ways of governing and dealing with potential criminals, the justice system is often corrupted because of social issues, ethical issues, corrupt officials, and control of the press.

Officers in a Texas McDonald’s parking lot saw a black man and a white man in the process of exchanging seats on a road trip from Florida to California, while leaving the parking lot; the officer implied that the man driving did not use his right turn signal. The men alleged that their privacy was invaded when the vehicle was searched without a warrant or permission from the driver. When one of the men attempted to video tape the incident on a cell phone he was told to stop. The term “driving while black has been used to describe the practice of law enforcement officers to stop African American drivers without probable cause” (Weatherspoon, 2004). The United States Justice System is based upon a flawed designed through miseducation of students in the school system, maintaining of a slave mentally in the prison system, and the perceptions of African Americans in America.

The purpose of rules of ethics that attorneys are obligated to abide by is to protect the Attorney-Client Relationship and enable full disclosure of information that is necessary for lawyers to provide competent representation in favor of their client. Confidentiality and the Attorney-Client

The United States court system is the institution were all the legal disputes in the american society are carryed out and resolved. However, one single court is not enough to resolve every single dispute in society and that is why the court system is made up of two different courts, the federal courts and the state courts. Moreover, the federal and state courts are made up of several divisions made to handle legal disputes differently depending on its seriousness. For example, the state court is made up of trial courts of limited jurisdiction and probate courts were cases and disputes originate and then move up to trial courts of general jurisdiction, intermediate apellate courts, and courts of last resort respectively depending on the case.In contrast, the federal court consists of district courts, territorial coutrs, tax court, court of international trade, claims court, court of veterans appeals, an courts of military review which then move on to courts of appeals respectively and may ultimately end up in the United States supreme court. In addition, cases from state court may also appeal into the federal court system but not the other way around.

The attorney-client privilege protects from disclosure to third parties: (a) confidential communications; (b) between an attorney and client; (c) made for the purpose of obtaining or providing legal advice. Unless all three of these prongs are met, the communication is not privileged. The purpose of the privilege is to allow clients to discuss issues openly in order to obtain legal advice from both in-house and outside counsel without fear that those communications will be disclosed to third parties. The parameters of the attorney-client privilege in a particular situation depend on the law of the state where the communication took place. Consequently, it’s important that in-house counsel have a good understanding of how the privilege

The justice system here in the United States has been set up to provide justice through a due process system in our nation 's courts. Our nation 's due process is set up to ensure Constitutional Rights to all involved. The courts provide certain rights to both the victim and the defendant during all stages of the due process. The primary goal in all phases of the criminal justice system is to ensure the protection of rights and guarantee justice is served. To ensure citizens freedoms are protected and individual rights are guaranteed the Constitution of the United States was formed. Within the Constitution consists of Amendments. This paper will be discussing the fourth, fifth, and sixth as well how the Bill of Rights applies to the states

The legal system in the United States is divided into two distinct systems: federal and state. The state court system in Wisconsin, like most states, has broad jurisdiction so the cases that most ordinary citizens are involved in such as robberies, traffic violations, broken contracts, and family disputes are usually handled in state courts. The state courts in Wisconsin are not allowed to hear cases where the United States is a defendant or where a matter regarding a federal statute is involved. The jurisdiction of the federal courts is highly limited. For the most part, federal courts may only hear cases where the United States is a party, where there is an alleged violation of the U.S. Constitution or federal statute, cases between citizens of differing states where the amount in controversy exceeds $75,000, and all cases involving bankruptcy, copyright, patent, and most maritime law cases. In a few isolated situations, the Wisconsin state courts and federal courts may possess concurrent jurisdiction. Under these circumstances, the parties have the option of deciding in which court they choose to file their action.

The judiciary plays a very important role in the system. It helps in establishing the rule of the law in the state and in the country. In United States of America no one is above Law and rule of Law is supreme, so it becomes very important to make the process of selection of judges who plays the key role in maintaining the rule of law to make transparent and fair (Goldman, S. 1999). The methods of selection of the judicial sector have varied substantially in the United States. As long as there has been existence of the judiciary, there has been much debate on the best way of selecting judges who are accountable and equally independent. There exists five main methods applied to select state judges, these are:

However, both psychologists, and lawyers can disclose information about their client if they feel the client is a potential threat or danger to themselves or others. Psychologists, are required to report a potential threat and lawyers have the option to report a threat, but are not required to do so (California Rule of

So long as the attorney complies with the rules of the court and presents truthful facts and data to support the client’s

Indeed, the American Bar Association (ABA) records focal points of giving probation instead of detainment. Among these are the restoration of the guilty party and a diminishment in negative naming of the wrongdoer, and lessened expenses. The ABA additionally perceived times in which detainment is the better option. Detainment might be favored when it is a matter of open security, when treatment is more successful when given in a jail setting, or when the wrongdoing is not kidding enough that probation is unrealistic (AMERICANBAR.ORG,

In the American legal system there are two different areas of government, federal and state; it is called federalism. Together they work to enforce the laws of the United States. Each court system, however, is divided into many different layers. The federal courts have limited jurisdiction as opposed to the state courts that are of general jurisdiction. Federal and state governments are both divided into three different branches, the executive, legislative, and judicial branches. The written constitutions of the two courts form a system of separate power and checks and balances between the branches.

However, since there is no uniform international legislation of cross-border insolvency, it is important to learn the legislation of different countries.