An Overview of the United States Legal System 
The U.S. legal system is a topic so large and complex that it cannot be
thoroughly explained in one article. This section will give you a
brief overview and some answers to commonly asked questions.
If you have a pressing legal issue we recommend that you
consult an attorney who specializes in the type of law your issue
entails. Many, if not most, lawyers who specialize in U.S.
immigration law belong to the American Immigration Lawyers Association
(AILA), an excellent starting point to find an Attorney near you.
Basic Legal Concepts
The United States Constitution, and its Amendments, is the supreme law
of the land. The Constitution guarantees all Americans certain
inalienable rights, that is, rights that cannot be taken away such as
the rights to free speech and freedom of religion; the right to a fair
and speedy trial; and the right to assemble.
The U.S. legal system is divided into two categories, civil and criminal.
Civil Law
Civil law allows individuals the ability to sue in a court of law.
That means you can seek legal recourse against an individual, business,
or even the government, for a harm or injury they have caused you to
suffer. The person bringing a lawsuit is called the Plaintiff, and
the person or entity being sued is called the Defendant. If the
plaintiff wins, the court can order the defendant to pay him or her
money and/or to do, or refrain from doing, specific things, but a civil
court cannot punish a defendant by putting him or her in jail. That is
left strictly to the criminal courts.
Criminal Law
In America, any person who is charged with any crime is presumed to
be innocent until and unless he or she is found guilty after a fair
trial in a court of law. Criminal law is designed to punish
individuals who commit crimes. The punishments a criminal court can
impose include fines, restitution, jail or even death. The person
charged with a crime is the defendant. The plaintiff in a criminal case
is always “the people” because crimes are considered to have been
committed against society even though the victim might be an
individual. A crime victim might also sue a perpetrator in a civil
action, but that is a completely separate proceeding from the criminal
court action which can only be brought by the government on behalf of
the people.
Both civil and criminal cases can be decided by a jury, usually made up
of 12 citizens selected, usually, from voter registration records.
Civil cases may be decided by a judge or a jury and, if by jury, do not
require a unanimous decision, but rather a majority of 8 of the 12
jurors.
Persons charged with a serious crime have a constitutional right to a
trial by jury and a conviction requires a unanimous finding of guilt by
all 12 jurors. If even one juror votes “not guilty”, the defendant
will go free, and in most cases cannot be charged again with the same
crime. A finding of “not guilty” does not necessarily mean a defendant
is innocent, only that the government did not meet its burden of
proving guilt beyond a reasonable doubt. Thus a defendant could
conceivably be found “not guilty” by a criminal court, but ”guilty” by
a civil court in which the plaintiff must only prove guilt by a
preponderance of the evidence. A famous example of this was the O.J.
Simpson case.
What ever legal issues you might be confronted with, it is almost
always advisable to consult a lawyer. Many attorneys will not charge
anything for an initial consultation. If the matter you are dealing
with is very important, you might want to consult 2 or 3 attorneys
before hiring one.
How to Find an Attorney
First determine what kind of an attorney you are looking for. Most
lawyers work within certain areas of law. For example, lawyers who
specialize in criminal matters often do not take civil cases, and
vis-versa. Some lawyers specialize in one very specific area of law,
for example a civil litigator might only handle “family law” cases,
such as divorces and child custody. Immigration law is one such
specialty, and even with that area of practice there are many
sub-specialties such as employment, deportation, appeals, amnesty,
etc. The best place to start looking for an immigration lawyer is at
the American Immigration Lawyers Association website.
Another way to find an attorney, in any area of law, is to ask people
you know if they can recommend a good attorney or look in the yellow
pages of your local telephone directory where almost all lawyers
advertise and are listed under areas of practice. Finally, you can
contact the Bar Association for the city and county where you live.
Finding a lawyer is usually not difficult, you can and should find several in any area of law. Deciding which lawyer is right for you, however, requires some diligence on your part. When hiring an attorney, here are a few things to consider.
Interview 2 or 3 lawyers before you decide. Many attorneys will offer an initial consultation at no charge.
At these interviews, ask questions, for example:
- How long has he or she been practicing in the area of law you are interested?
- What is their success rate?
- Who, besides themselves, do they consider to be the best lawyers in their field.
- What are his or her fees and how are they charged?
Remember, in the legal arena, experience and the ability to work well within the local system and with their colleagues counts for a lot. Don’t be afraid to ask.
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