Resolving Disputes
Conflicts are to be expected given people’s varying needs, desires, objectives, values systems, and
perspectives. The American legal system provides a formal means for resolving conflicts through the courts. In
addition to the federal court and individual state systems, there are also several informal means for resolving
disputes that are collectively called alternative dispute resolution (ADR). Examples of these are mediation and
arbitration.
Protecting Liberties and Rights
The United States Constitution and state laws provide people with many liberties and rights. American laws
operate with the purpose and function of protecting these liberties and rights from violations by persons,
companies, governments, or other entities.
Based on the British legal system, the American legal system is divided into a federal system and a state and
local system. The overall goal of both systems is to provide order and a means of dispute settlement, as well as
to protect citizens’ rights.
Clearly, the purposes of the American legal system are broad and well-considered.
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Sources and Types of Law
The American legal system is made up of many types of codified forms of law, with the United States
Constitution being the pre-eminent source of American law. The Constitution establishes the boundaries of
federal law, and it must be followed by all citizens, organizations, and entities. It includes Congressional acts,
Senate-ratified treaties, executive regulations, and federal case law. The United States Code (“USC”) compiles
these laws.
American law mainly originates from constitutional law, statutory law, treaties, administrative regulations, and
common law (which includes case law).
The Constitution
The United States Constitution is the foremost law of the land. The Constitution’s first ten amendments are
referred to as the Bill of Rights, which offers specific protections of individual liberty and justice. Additionally,
the Bill of Rights restricts certain powers of government. The Constitution empowers federal law making by
giving Congress the power to enact statutes for certain limited purposes, like regulating interstate commerce.
The United States Code officially compiles and codifies the federal statutes.
Chapter 1 American Law, Legal Reasoning, and the Legal System
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