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美国法律体系

2017-09-19 9页 doc 29KB 103阅读

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美国法律体系美国法律体系 1 General overview , 7 References 2 1.1 Sources of law , 8 Further reading 3 1.2 Constitutionality , 9 External links , 2 American common law •1概览 , 3 Levels of law 1.1法的渊源 1 3.1 Federal law Ø 1.2合宪 2 3.1.1 Federal statutory •2美国普通法 enactment procedur...
美国法律体系
美国法律体系 1 General overview , 7 References 2 1.1 Sources of law , 8 Further reading 3 1.2 Constitutionality , 9 External links , 2 American common law •1概览 , 3 Levels of law 1.1法的渊源 1 3.1 Federal law Ø 1.2合宪 2 3.1.1 Federal statutory •2美国普通法 enactment procedure •3法律层次 , 3.1.2 Federal Ø 3.1联邦法律 regulatory 3.1.1联邦法定程序制定, promulgation 3.1.2联邦法规的颁布程序, procedure 3.1.3制定联邦先例, , 3.1.3 Formulation of Ø 3.2州际法律 federal precedent 3.2.1“统一”的法律企图, 3 3.2 State law Ø 3.3当地法律 , 3.2.1 Attempts at •4法律类型 "uniform" laws Ø 4.1程序法 4 3.3 Local law 4.1.1刑事诉讼程序, , 4 Types of law 4.1.2民事程序, 1 4.1 Procedural law Ø 4.2实体法 , 4.1.1 Criminal 4.2.1刑法, procedure 4.2.2法, , 4.1.2 Civil 4.2.3侵权法, procedure •5稀奇古怪的例外 2 4.2 Substantive law •6参见 , 4.2.1 Criminal law Ø 6.1列 , 4.2.2 Contract law •7参考资料 , 4.2.3 Tort law •8延伸阅读 , 5 Odd exceptions •9外部链接 , 6 See also 1 6.1 Lists [1]The law of the United States consists of many levels of codified and uncodified forms of law, of which the most important is the United States Constitution, the foundation of the federal government of the United States. The Constitution sets out the boundaries of federal law, which consists of constitutional acts of Congress, constitutional treaties ratified by Congress, constitutional regulations promulgated by the executive branch, and case law originating from the federal judiciary. The Constitution and federal law are the supreme law of the land, thus circumscribing state and territorial laws in the fifty U.S. states and in the territories.[2] In the unique dual-sovereign system of American federalism (actually tripartite when one includes Indian reservations), states are the plenary sovereigns, while the federal sovereign possesses only the limited supreme authority enumerated in the Constitution. Indeed, states may grant their citizens broader rights than the federal Constitution as long as they do not infringe on any federal constitutional rights.[3] Thus, most U.S. law (especially the actual "living law" of contract, tort, criminal, and family law experienced by the majority of citizens on a day-to-day basis) consists primarily of state law, which can and does vary greatly from one state to the next.[4][5] At both the federal and state levels, the law of the United States was originally largely derived from the common law system of English law, which was in force at the time of the Revolutionary War.[6][7] However, U.S. law has diverged greatly from its English ancestor both in terms of substance and procedure, and has incorporated a number of civil law innovations. The most important source of law is the United States Constitution. All other law falls under and is subordinate to that document. No law may contradict the Constitution. Levels of law Federal law Federal law originates with the Constitution, which gives Congress the power to enact statutes for certain limited purposes like regulating interstate commerce. State law The fifty American states are separate sovereigns with their own state constitutions, state governments, and state courts (including state supreme courts).[37] They retain plenary power to make laws covering anything not preempted by the federal Constitution, federal statutes, or international treaties ratified by the federal Senate. Normally, state supreme courts are the final interpreters of state constitutions and state law, unless their interpretation itself presents a federal issue, in which case a decision may be appealed to the U.S. Supreme Court by way of a petition for writ of certiorari All states have a legislative branch which enacts state statutes, an executive branch that promulgates state regulations pursuant to statutory authorization, and a judicial branch that applies, interprets, and occasionally overturns both state statutes and regulations, as well as local ordinances. Local law States have delegated lawmaking powers to thousands of agencies, townships, counties, cities, and special districts. And all the state constitutions, statutes and regulations (as well as all the ordinances and regulations promulgated by local entities) are subject to judicial interpretation like their federal counterparts.[43] , 4.1程序法 4.1.1刑事诉讼程序, 4.1.2民事程序, Ø 4.2实体法 4.2.1刑法, 4.2.2合同法, 4.2.3侵权法, 4 Types of law 1 4.1 Procedural law 4.1.1 Criminal procedure , 4.1.2 Civil procedure 2 4.2 Substantive law 4.2.1 Criminal law 3 4.2.2 Contract law 4 4.2.3 Tort law 4.1 Procedural law Traditionally, lawyers distinguish between procedural law (which controls the procedure followed by courts and parties to legal cases) and substantive law (which is what most people think of as law). In turn, procedural law is divided into criminal procedure and civil procedure. 2 Criminal procedure . The law of criminal procedure in the United States consists of a massive overlay of federal constitutional case law interwoven with the federal and state statutes that actually provide the foundation for the creation and operation of law enforcement agencies and prison systems as well as the proceedings in criminal trials. Due to the perennial inability of legislatures in the U.S. to enact statutes that would actually force law enforcement officers to respect the constitutional rights of criminal suspects and convicts, the federal judiciary gradually developed the exclusionary rule as a method to enforce such rights. In turn, the exclusionary rule spawned a family of judge-made remedies for the abuse of law enforcement powers, of which the most famous is the Miranda warning刑事诉讼程序在 美国刑事诉讼程序的法律中包括了联邦宪法的大量判例法与联邦和州的法律,实际上提供了创建和执法机 构和监狱系统的运作,以及在诉讼程序的基础交织重叠犯罪审判。由于立法常年无法在美国颁布法规的但 实际上却迫使执法人员尊重犯罪嫌疑人,罪犯的宪法权利,联邦司法机构逐步发展成为一个方法来执行这 些权利的排除规则。反过来,排除规则产生了法官的家庭为执法权力,滥用补救,其中最有名的是米 兰达警告 [edit] Civil procedure民事程序The law of civil procedure governs process in all judicial proceedings involving lawsuits between private parties. Traditional common law pleading was replaced by code pleading in most states by the turn of the 20th century, and was subsequently replaced again in most states by modern notice pleading. The old English division between common law and equity courts was abolished in the federal courts by the adoption of the Federal Rules of Civil Procedure in 1938; it has also been independently abolished by legislative acts in nearly all states. The Delaware Court of Chancery is the most prominent of the small number of remaining equity courts. 在涉及私人当事方之间的所有司法诉讼程序的法律管辖的民事诉讼程序的过 程。传统的普通法承认改为在大多数国家承认由20世纪初的代码,并随后在大多数国家所取代现代的通知 再次恳求。旧之间的普通法和衡平法院的英国师被撤销,在联邦法院由联邦民事诉讼规则于1938年通过 的同时,也得到独立的,几乎所有国家的立法行为取消。在美国特拉华州衡平法院是最剩余资产少数法院 突出。 Substantive law Substantive law comprises the actual "substance" of the law; that is, the law that defines legally enforceable rights and duties, and what wrongful acts amount to violations of those rights and duties. Because substantive law by definition is enormous, the following summary briefly covers only a few highlights of each of the major components of American substantive law. 实体法 实体法包括实际“法律的实质”,即,法律定义依法强制执行的权利和义务,以及如何不法行为相当于这些 权利和义务的行为。因为实体法的定义是巨大的,下面简要短暂只包括一对美国实体法的各主要部分的几 个亮点。 Criminal law involves the prosecution of wrongful acts by the state which are considered to be so serious that they are a breach of the sovereign's peace (and cannot be deterred or remedied by mere lawsuits between private parties). Generally, crimes can result in incarceration, but torts (see below) cannot. The vast majority of the crimes committed in the United States are prosecuted and punished at the state level. Federal criminal law focuses on areas specifically relevant to the federal government like evading payment of federal income tax, mail theft, or physical attacks on federal officials, as well as interstate crimes like drug trafficking and wire fraud. 刑法涉及的是被认 为是如此严重,他们是主权的破坏和平的国家的不法行为起诉(并不能阻止或私人之间的单纯的诉讼补救)。 一般来说,犯罪可能导致监禁,但侵权行为(见下文)不能。在美国犯下的罪行绝大多数起诉,在州一级 的惩罚。联邦刑法的重点领域特别是有关想逃避联邦所得税,邮件盗窃,或在联邦官员进行人身攻击,以 及贩毒,电信欺诈罪州际支付给联邦政府。 Contract law covers obligations established by agreement (express or implied) between private parties. Generally, contract law in transactions involving the sale of goods has become highly standardized nationwide as a result of the widespread adoption of the Uniform Commercial Code. However, there is still significant diversity in the interpretation of other kinds of contracts, depending upon the extent to which a given state has codified its common law of contracts or adopted portions of the Restatement (Second) of Contracts. 合同法涵盖(明示或暗示私人之间 的)规定的义务。一般来说,涉及货物买卖的合同法已经成为高度化的全国作为统一商法典广泛采用 的结果。但是,仍然在其他类型的合同存在着大量不同的解释,根据程度而定某一国家已编纂了普通法的 合同或通过了重述(二)合同的部分。 Tort law generally covers any civil action between private parties arising from wrongful acts which amount to a breach of general obligations imposed by law and not by contract. 侵权法一般 包括任何私人之间的民事诉讼,由不法行为的发生,有构成一个由法律规定的一般义务,违反合同不是。
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