The American legal system adequately responds to all areas of environment; from socio-cultural to technological and economical, thus making it comprehensive, fair and democratic. Its laws are based on what is believed to be correct, a collection of social customs and traditions, and logic. It aims at advancing and achieving sociological goals through the use of fairness and justice (Burnham, 2006, p. 52)
Sources of American law include constitution, treaties, codified law, executive orders, regulation and administrative orders as well as judicial decisions. This shows that the law encompasses a wide range of origins to cater for equitable justice and ruling.
Functions of law include the rights of freedom of speech and religion, and these are granted by the first amendment to the US constitution. The US law is flexible as it follows society and technology norms, and growth and expansion of commerce in the US as it promotes market efficiency in legal decision making. What makes American law more unique is that its court decisions have the force of law unlike in some civil law countries.
The American legal system uses precedents for solving cases, a doctrine known as Stare Decisis, thus making it easy for students to understand. It also helps business people as the US courts allow the defendant to seek both law and equitable orders and remedies; because the law, equity and merchant courts have been merged.
The Essay on Gag Order Case Court Information
Gag Order – A judge's order prohibiting the attorneys and the parties to a pending lawsuit or criminal prosecution from talking to the media or the public about the case. The supposed intent is to prevent prejudice due to pre-trial publicity which would influence potential jurors. A gag order has the secondary purpose of preventing the lawyers from trying the case in the press and on ...
Finally, there is the process of critical legal thinking which specifies the issue presented by a case, identifies the key facts in the case and applicable law, and then applies the law to the facts, in order to come to a conclusion that answers the issue presented. (Currier and Eimmerman, 2005 p. 14).
Thus we can agree with Cheeseman and conclude that On the whole, the American legal system is one of the most comprehensive, fair, and democratic systems of law ever developed and enforced
References
Burnham, W. (2006).
Introduction to the Law and Legal System of the Unites States. 3rd Ed. Eagan: West Group Publishing.
Currier, K, A. & Eimmerman, T. E. (2005).
The Study of Law: A Critical Thinking Approach New York: Aspen Publishers
