Louisiana is a civil law state. Sources of Law: 1. Constitution: the US constitution establishes the federal government and enumerates is powers. Powers not given to the Federal government are reserved to the states. State constitutions establish state governments and enumerate their powers.
The judicial branch consists of the Supreme Courts and Federal Courts. Judges are selected or elected as members of these courts to enforce the law. In summary, the legislative branch makes the law, the executive branch carries out the law and the judicial branch enforces the law. These branches interact with each in such a way that each branch relies on the other two branches for their
The Supreme Court presides on cases that conflict with the Constitutional laws and with treaties of foreign affairs. The framers of the US Constitution were determined to separate the powers of the federal government into three branches: Legislative, Executive, and Judicial. The Supreme Court is in the Judicial Branch of government. Once the Supreme Court renders a decision, all other courts in the country follow the precedent set by that decision (Dautrich and Yalof 277). This precedent is also known as Stare
The U.S. Constitution established each branch. The role of each branch is very different but each has its own issues that require moral decision-making. It is because of ethics and moral reasoning we have laws, and we continue to need ethics to refine and perfect our legal system (Ruggiero, 2008 pg. 8) Congress is the legislative part of our government, which includes the Senate and the House of Representatives (Truman Library, 2009). The primary role of the legislative branch is to create laws.
Locke would support these obligations of legislation. He believed that “the power of the legislative branch in the utmost bounds of it is limited to the public good of society.” (The Influence of Locke…) Locke would support the legislative branch because the laws they pass must be within the laws of nature and cannot restrict people’s rights. The power of the Executive Branch is given to the President of the United States, who also acts as head of state and Commander-in-Chief of the armed forces. The Presidents job is to pass and enforce the laws created by congress. He is also the commander and chief of the military.
Court History and Purpose 1 Court and Its Purpose The judicial system interprets and applies the law through a system of courts, each with a specific position and function. The judicial system serves a very important purpose in interpreting the law. Its purposes is to fairly administer justice, protect rights and liberties, settle disputes, and interpret the Constitution. The three main functions of courts are upholding the law, protecting individuals, and resolving disputes. (Siegel, Schmalleger, & Worrall, 2011).
The executive branch is lead by the president. The president enforces federal laws and helps develop new ones, leads national defense, advises on foreign policy, and performs ceremonial duties. The president’s powers include commanding the Armed Forces, dealing with other countries, acting as the chief law enforcement officers, and vetoing laws. The legislative branch is run by Congress which is split into two branches: the House of Representatives and the Senate. The main job of Congress is to create laws.
It is not necessary to expand the powers of the executive branch of the federal government to respond to the current strategic environment. The Founding Fathers envisioned a government with both balance and separation of powers. Expanding the power of the executive branch of the federal government, at the expense of the other branches, could lead to the abuse of power, as suggested in the Federalists Papers. The Constitution of the United States was written at the Federal Convention in 1787 and adopted in 1788. It divides the federal government into three main branches: the bi-cameral legislative branch, comprised of the House of Representatives and the Senate, holds the responsibility as the main law maker.
A convenient way to conceive of philosophical arguments is to envision the arrangement of a Criminal or Civil Court. Who are the participants in the typical court situation? Of course there is always a judge with special training and authority to over see the rules for administering justice between the parties to the dispute. Who else? Well there is the prosecutor representing the jurisdiction whether City, State or Federal (or claimant who has filed a claim against a litigant who has done something for which the claimant seeks retribution) and the defendant who under some circumstances may act in his or her own defense but in all likelihood a licensed, practicing attorney who acts on behalf of his client(s).
a party may claim that the law that was applied violates the United State constitutions. After all briefs are received, a case is scheduled for oral argument by the Appeals Court. There is also argument where, each attorney has a chance to present arguments directly to the Justices who will be deciding the case. The Justices usually ask questions to the lawyers. After questions are asked then there is a decision that can be made or further action may be