U.S. Legal System, Ethics, and Government Structures
Understanding Legal & Governmental Systems
The U.S. Judicial System and Courts
Federal vs. State Courts
Federal Courts: Interpret the U.S. Constitution and federal laws, handling cases such as immigration and federal crimes.
State Courts: Handle most cases under state laws, including family matters, property disputes, and local crimes.
The Supreme Court
The final interpreter of the Constitution, the Supreme Court resolves:
- Constitutional law issues
- Civil rights and liberties cases
- Disputes between states or governments
- Cases establishing national precedents
Court of Appeals
The Court of Appeals does not conduct new trials; it only reviews legal errors from lower courts. It can uphold, reverse, or remand lower court decisions.
District Courts
These are the first level for federal and state cases. District Courts handle civil and criminal trials and can issue legal orders.
Bankruptcy Court
Manages financial insolvency cases, overseeing repayment plans, liquidation, and protection for debtors and creditors.
Court Levels Hierarchy
The judicial system follows a clear hierarchy:
- State System: Trial Courts → Appellate Courts → State Supreme Court
- Federal System: District Courts → Appellate Courts → U.S. Supreme Court
Concepts in History, Ethics, and Philosophy
Judging: Synonyms and Context
Synonyms for judging include: determining, deciding, estimating, inferring, and reaching a decision.
History vs. Historiography
History: The study of past events, often influenced by perspective.
Historiography: The study of how history is written, interpreted, and the methods used by historians.
Historians and Contextualism
Historians research, analyze, and interpret events using all available sources to reconstruct the past. Contextualism emphasizes analyzing history within its specific time and place.
Moral Relativism
The belief that morals vary by culture, time, and individual, implying no universal moral truth.
Absolutism
The belief in fixed moral rules or universal truths, such as the pursuit of happiness through work.
Universal Moral Standards
Core principles widely accepted across cultures, such as honesty, respect, and fairness.
Jefferson’s Dilemma
Thomas Jefferson claimed “all men are equal” yet owned slaves, representing a significant moral contradiction.
Ethics: Principles and Values
Ethics refers to a set of moral principles guiding right and wrong behavior. Synonyms include morals, norms, values, and principles.
- Values: What an individual or society cares about (e.g., family, justice).
- Principles: How to pursue those values ethically.
Presentism
Judging the past by today’s values, which can lead to misinterpretation and anachronistic judgments.
Objectivism in Historical Study
Studying history using verifiable facts, free from current opinions or personal bias.
Comparing U.S. and Mexican Court Systems
| U.S. System (Common Law) | Mexican System (Civil Law) |
|---|---|
| Adversarial system | Inquisitorial/accusatory system |
| Uses past rulings (precedent) | Based on written codes |
| Judges may be elected | Judges selected through merit |
| Jury use is common | Jury use is limited |
| President appoints federal judges | Emphasis on due process |
Similarities Between Systems
- Right to a fair trial and legal representation
- Use of expert and witness evidence
- Active judicial involvement
- Both are based on principles of justice and law interpretation
Government and Federalism
Understanding Federalism
Federalism is a system where power is split between national and state governments.
Levels of Government
Government operates at multiple levels:
- Federal
- State
- County
- City
- Local Citizens (as participants)
Federal Government (U.S.) Powers
The U.S. Federal Government:
- Declares war
- Coins money
- Regulates interstate trade
State Government (e.g., Georgia) Powers
State governments:
- Conduct elections
- Issue licenses
- Establish local laws
Shared Powers
Both federal and state governments can:
- Collect taxes
- Maintain law and order
- Build highways