JURI 510 U.S. Founding Documents and Court Systems
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U.S. Founding Documents and Court Systems
JURI 510
Mona Miller
Professor Patrick
October 1, 2023
Founding Documents and Court Systems
Majority of countries either follow a common law legal system or civil law legal system.
“The main difference between the two systems is that in common law countries, case law is of
primary importance, whereas in civil law systems, codified statues predominate.” Washington
University in St. Louis School of Law,
What is the Difference between Common Law and Civil
Law
, (Jan. 28, 2014), https://onlinelaw.wustl.edu/blog/common-law-vs-civil-law/. Some
countries use a mixture of the two legal systems. In countries who follow a civil law legal
system, judges are often described as the investigators. They take the lead in the proceedings by
bringing charges, establishing facts through witness examination, and applying remedies found
in legal codes.
Id.
In common law countries, lawyers make presentations to the judge and
sometimes the jury and examine witnesses themselves.
Id.
The United States follows a common
law legal system. But the U.S. and its many common law states have countless codified statues
that courts must take into consideration. Thomson Reuters,
Common Law: Defining what it is
and what you need to know
, (Nov. 15, 2022),
https://legal.thomsonreuters.com/en/insights/articles/what-is-common-law#:~:text=Does%20the
%20U.S.%20use%20common,a%20common%20law%20legal%20system. But whether a court
is using common law or applying a statute, the one thing that remains constant in U.S. common
law legal systems is the principle of stare decisis.
Id.
Even if a common law court is interpreting
a statute and not applying common law, prior court decisions interpreting that same statute are
precedent and therefore binding.
Id.
The benefits to a common law legal system are stability and
consistency, efficiency, adaptability to the unforeseen, and flexibility.
Id.
In 1819, Thomas Jefferson said “The Declaration of Independence is the declaratory
charter of our rights and of the rights of man.” Over 200 years ago, our Founding Fathers set out
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to establish a government based on individual rights and the rule of law. Director of U.S.
Citizenship and Immigration Services, The Declaration of Independence and the Constitution of
the United States, https://www.uscis.gov/sites/default/files/document/guides/M-654.pdf. The
Declaration of Independence set forth the ideas and principles behind a just and fair government.
Id.
I do not believe the Declaration of Independence falls into common law or civil law because I
do not believe it is law. “As long as the Declaration is understood by the relevant creators of the
ultimate rule of recognition as not having normative force in actual legal disputes nor in dictating
the legally acceptable behavior for citizens and officials, it will be difficult to make the case that
it is now to be considered part of our law.” Frederick Schauer,
Why the Declaration of
Independence is Now Law- and Why it Could Be,
89 South Carolina Law Review, 629 (2016).
The Declaration of Independence is not a legally binding document, but it does inspire people to
fight for freedom and equality. If it was possible to treat the declaration of independence as law,
all of the interpretations and application that would follow might weaken the importance of the
document and its effect as a historical, political, and inspirational manifesto.
Id.
The Constitution follows the common law legal system. Common law follows the
principle of stare decisis which is a legal principle stating that prior court decisions must be
recognized as precedent case law. The American Bar,
The American Legal System Made Easy,
https://www.americanbar.org/content/dam/aba-cms-
dotorg/products/inv/book/131991070/Chapter%202.pdf. In common law countries, juries and
oral arguments by lawyers often can take a greater or more visible role compared to civil law
countries.
Id.
The sixth amendment of the U.S. Constitution guarantees the rights of criminal
defendants, including the right to a public trial without unnecessary delay, the right to a lawyer,
the right to an impartial jury, and the right to know who your accusers are and the nature of the
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charges or evidence against you. Those rights fall under a common law legal system. Article III,
Section II of the Constitution establishes the jurisdiction of the Supreme Court. The Court has
original jurisdiction over certain cases. The idea of case law follows a common law legal system.
Case law is law that is based on judicial decisions rather than law based on constitutions, statues,
or regulations. The Constitution gives the courts the power to interpret the law and rule as to
whether or not its constitutional.
The Bill of Rights guarantees civil rights and liberties to the individual like freedom of
speech, press and religion. It also sets rules for due process of law and reserves all powers not
delegated to the Federal Government to the people or the States. The Bill of Rights falls into a
civil law legal system in my opinion. The Bill of Rights are deemed to take precedence over all
other law. But common law develops rights incrementally through judicial decisions. Beverley
McLachlin,
Bills of Rights in Common Law Countries,
The International and Comparative Law
Quarterly 197 (2002). Therefore, the Bill of Rights could not be a common law legal system.
Bills of rights are rooted in the continental civil law tradition.
Id.
Laws are set out in broad,
general terms in legislative enactments.
Id.
Federal Courts are established under the U.S. Constitution and have a very narrow
jurisdiction. State Courts are established by the laws of each state and have a broad jurisdiction.
Federal courts handle cases involving federal statutes or constitutional questions. They have no
direct connection to state courts, which have their own jurisdictions under each state’s
constitution and statues. Rudy Apodaca,
Confused about the difference between state and federal
courts?,
Houston Chronicle, (Oct. 20, 2018),
https://www.houstonchronicle.com/opinion/outlook/article/Confused-about-the-difference-
between-state-and-13323672.php. The Constitution established the U.S. Supreme court as the
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third branch of government, and it also gave Congress the power to establish the lower level
appellate and trial courts.
Id.
This court handles appeals from the U.S. Courts of Appeal, as well
as special appeals or writs from administrative agencies or the federal trial courts.
Id.
This court
along with the lower courts of the federal system have the jurisdiction to declare as
unconstitutional any law enacted by Congress or any act of the president.
Id.
There are 13 federal
courts of appeal. This includes 12 circuit courts located in 12 sections of the country designated
as circuits. These particular courts handle appeals from rulings or trial originating in the federal
trial courts.
Id.
Also, there is the U.S. Federal Circuit Court of Appeals that stands alone and
handles special appeals.
Id.
The Federal system is made up of 94 trial courts, each designated as
a U.S. district court, which are scattered around the country including four in Texas.
Id.
There are
a few differences between trial courts and appellate courts under both the federal system and
Texas’s system. Appellate courts don’t hold trials but only handle appeals from the lower courts.
Trial courts in the federal system hold trials but don’t handle appeals. Texas’s trial courts hold
trials, and in some instances hear appeals from justice of the peace courts, probate courts and
municipal courts.
Id.
The two highest courts in Texas are appellate courts which are the Texas
Supreme Court and the Texas Court of Criminal Appeals.
Id.
Appellate courts do not conduct
trials therefore they do not consider witnesses testimony or exhibits that are introduced as
evidence. They hear appeals based solely on the trial record which is written transcripts and
exhibits of trial court proceedings.
Id.
They will also allow oral arguments of opposing counsel.
The Texas Supreme Court is made up of nine elected justices and has jurisdiction over all civil
cases originating in the lower courts, including appeals from Texas intermediate appellate courts
and administrative agencies.
Id.
This court does not have jurisdiction over criminal cases. The
Texas State Supreme Court also has administrative control over the State Bar of Texas, has the
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sole authority for licensing attorneys, and it appoints the member of the Board of Bar Examiners.
Id.
At least five of the nine justices are required to render the court’s decision. The governor is in
charge of appointing a replacement if a vacancy arises. The Texas Court of Criminal Appeals is
the state’s highest court for appeals of criminal cases.
Id.
These cases originate from rulings,
decisions, or verdicts in the trial courts or from decisions or rulings of Texas intermediate
appellate courts. The court’s jurisdiction covers mandatory review of applications for post-
conviction habeas corpus relief. It has discretionary review of all decisions made by Texas
intermediate appellate courts in criminal cases. The Texas Court of Criminal Appeals may also
review a lower court’s decision on its own motion without a party appealing the decision. This
court has nine judges. It can also decide cases in panels of three judges and two of those judges
must concur in the court’s decision.
Id.
The Declaration of Independence, Constitution and the Bill of Rights are the founding
documents of the United States. The United States operates mostly under a common law legal
system which are reflected in the Constitution. The Bill of Rights fall under a civil legal system
so there is some influence from this legal system. The Declaration of Independence is not a law
and is more of an inspiration to the people. The Federal Court system is very similar to the Texas
State Court system, but it also has its differences. The main differences is jurisdiction and what
types of cases are handled.
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