Chapter 1 - The Basic Legal Structure and Organization

Abstract

This chapter provides an overview of the basic legal structure and organization of the law in the United States and presents a synopsis of the Constitution, the Judicial Branch, and the Legislative Branch of the federal system, which serve as the source of the law in the United States. Each source of law plays an essential and important role in the governmental and legal organization. Article III, section 1 of the Constitution establishes the Judicial Branch and Article III, section 2 provides the Judicial Branch with authority over cases and controversies arising under the Constitution or the laws of the United States. The United States has two basic court systems, the state and the federal, and each has different levels of courts, which serve different functions. The United States Constitution is the source of law that trumps all other laws. The Constitution includes seven Articles and twenty-seven Amendments and the first ten Amendments are the Bill of Rights, which establish the fundamental rights of Americans. The Fourth Amendment protects against unreasonable searches and seizures and the Sixth Amendment establishes the right of a criminal defendant to have a speedy trial and the assistance of counsel. The Legislative Branch is responsible for enacting laws by passing bills, and it consists of a Senate and House of Representatives. The House of Representatives consists of 435 representatives, apportioned among the states by population. The Senate consists of 100 senators, with each of the 50 states contributing two senators.