Whenever you find out that your friend or any other person you know is guilty of a crime, the first thing you ask yourself is “Did he/she actually do it?”. This is one of the toughest questions you have to ask after someone you know is charged with a crime. Even if it is true, it does not mean that the crime actually took place. This is because there are still different levels of crime and its punishments. And these are just the simple basics, the rest is up to the court and the judge’s decision.
There are two types of legal systems in the US. The first is a representative democracy and the second is the constitutional law system. Both have their own pros and cons but the ones that are most familiar to American residents are the representative system of legal systems and the constitutional system of legal systems.
Let us start with a representative system of legal systems. In this system, the members of the legislative body form a special majority that rules over the constitution that governs them. They are allowed to change or tweak the constitution so long as they belong to the same political party and they have the approval of the governed majority. Constitutive assemblies then elect them to the legislature. The role of the legislature is to check and balance the powers of the executive and the legislature and make sure that there is an equitable distribution of powers.
On the other hand, the constitutional system is a system of laws that govern the constitution and the policies that are implied from the constitution. In international law, the system is also called a constitutional rule. In international law, constituent parts refer to the peoples’ representative assemblies that make decisions about the country’s policy on various issues such as foreign affairs, human rights, and diplomacy.
Both legal systems have their share of similarities and differences. In the US, we are represented by the Congress, which is divided into two chambers namely the House and the Senate. The House of Representatives and Senate are chosen by the citizens through a voting process. One of the major institutions in the US is the Supreme Court of the United States, which interprets and checks the federal government’s decisions and pronouncements through the decisions it makes on behalf of the people. While in India, we have the apex court, known as the high court, which is responsible for adjudicating various legal matters pertaining to public welfare and defending the rights of the people.
However, there are major differences between the two systems that have led to the development of a third system, which is commonly referred to as civil law. Civil law refers to the area beyond the jurisdiction of the federal government and hence involves the cases which are exclusively governed by the laws of the states. The various branches of the law include corporate law, criminal law, family law, real estate law, probate law, immigration law, Family Code, labor and employment law, family related protection, litigation before the courts, etc. As the list suggests, the nature of the law varies greatly in India, as compared to the US. But whatever the case, one thing is for certain, the present has seen the growth of i.e civil law.