The Purpose of the Judicial System in the US - Assignment Example

Name: Course: Tutor’s Name: 13th, March, 2010. Introduction to American Law 1. No, this provision is not out of date. Federal judges are only removed from office by the impeachment process because of the purpose of the constitution which is to ensure law and order as well as ensure equal justice. The makers of law had to find a way to protect it. One of the ways that the law can be protected is by preventing any influence on decisions made out of interpretation of the laws and the constitution. This is the reason why judges are allowed to stay in office as long as they want to, provided they do not violate the rules of good behaviour in office. The purpose of the judicial system is to ensure that there are fair and impartial judgements within the states while resolving disputes. The judicial system has the courts which interpret the laws as provided by the constitution and resolve disputes (AOUSC, 2001). The phrase that protects the judges from removal of office is section I of article III of the US constitution. It states that; “The judicial Power of the United States shall be vested in one supreme Court and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their offices during good behaviour, and shall, at stated times, receive for their services, a compensation, which shall not be diminished during their continuance in office” (AOUSC, 2001 p. 9). This provision protects the judges in two ways; That the judges as appointed by article III of the constitution shall only be removed from office through impeachment process (they shall remain in office during good behaviour) and that the compensation of judges as appointed by article III of the US constitution shall not be diminished if the judge still serves as a federal judge in office. This makes the judicial branch an independent federal judiciary with the power to interpret the legislation and resolve disputes through fair and impartial judgements leading to equal justice to all citizens of America (AOUSC, 2001). Judges are part of the judiciary system of the US constitution. They protect the constitution by making decisions after interpretation of the laws by the federal courts. If these decisions can be influenced by external forces such as politicians, business men or any influential parties, the real meaning of the constitution would be lost (AOUSC, 2001). The federal courts ensure that the liberties and rights that the constitution guarantees are protected. This is done by the rulings that they make after interpretation of the laws as provided in the US constitution (AOUSC, 2001). The makers of the law therefore ensured that the constitution is guarded by the judicial system as an independent system. Up to date, the US constitution is still divided into three branches which are; the legislative branch, the executive branch and the judicial branch. Each branch has its role different from the other. If the US constitution still has three branches with the judicial branch acting as the guard to the constitution, then the provision of federal judges being removed only by impeachment process is not out of date. Article III is the judicial branch of the constitution and has section I protecting the federal judges in office as stated above (AOUSC, 2001). The reasons of protection are also as stated earlier (AOUSC, 2001). 2. Education is one of the ways through which the legal system continues to function. The legal system dictates what requirements are necessary for one to have the competency to be able to practice law or be in the legal profession. It is for this reason that the legal education of America is justified. There are so many specializations in the law profession that require certain skills such as analytical skills, essential reading skills, oral communication and listening skills, research skills and writing skills (Boylan, 2010). It is for this reason that American legal education requires attainment of the basic skills before joining the law school. Importance of the Skills Research Skills Development of research skills during undergraduate level is important for an individual to familiarise himself or herself with specific skills and materials necessary for research which are important in law school. Law school has specific research techniques and resources specific to the law but building the foundation to research is also important. Undergraduate level education enables an individual to gain planning, library research, presentation, organization and analytical skills (Boylan, 2010). Writing Skills One of the most important tools for lawyers is the language, for they have to express themselves clearly and to the point. They should therefore develop writing skills which should be obtained before joining law school. The student should be prepared in analytical writing that will give him or her the ability to prepare original work and revise any work by use of constructive critics (Boylan, 2010). Analytical and Problem Solving Skills Critical thinking is necessary in the law profession and students should ensure that they prepare themselves before joining law school. Critical thinking skills are necessary for evaluating and structuring opinions for and against important proposals. The law school also develops such skills and refines them but it is important for an individual to have such skills when joining law school (Boylan, 2010). Essential Reading Abilities A lot of work that attorneys and law students do involves detailed and careful reading of complex materials also requiring critical analysis. The work requires understanding of certain documents, judicial opinions and statutes that need good reading skills. It is for this reason that the students preparing to join law school should first develop such skills. Law practice also requires the ability to read and understand big amounts of material making reading skills very important (Boylan, 2010). Oral Communication and Listening Skills Other important skills in the profession of law are the ability to speak decisively and clearly and good listening skills. Law professionals interact with so many parties and do a lot of listening which is important in making sure clients get the defence they need. It is therefore necessary to develop such skills before joining law school (Boylan, 2010). In the law school, the first year deals with constitutional law, criminal law, contracts, civil law, property law, legal writing and torts while the second year and the third year deal with civil litigation, commercial, family, corporate, administrative, international, wills and trust, evidence and taxation laws (US-UK Fulbright Commission, 2010). The basic education is therefore important in developing a professional lawyer or a law professional. 3. A national bar association would mean the newly formed association considers all the legal system’s differences between the states and the federal government and among the states’ court systems. A bar association certifies who should practice law through its tests before admission or practice, it establishes the requirements necessary to practice law, encourages knowledge sharing among the people who practice law and forms the principles and ethics that guide law practice. Because of its role in the society, it is not advisable to have a national bar association. Different states have different court systems and the state courts are also different from the federal courts. A national bar association would also include federal legal systems. This makes the role of the associations complicated and not easy to handle. Below are the differences among the states’ court systems: Each state has a different organization and structure which means performing different roles in each court is different from another court system. The state court systems are either of general jurisdiction or of limited jurisdiction. Limited jurisdiction courts are those courts restricted to handle specific cases and also have limited power. They handle cases such as those of violations of municipal ordinances, civil suits of less than $ 1,000, misconduct criminal infraction, traffic violations and so on. In some states, the limited jurisdiction courts are divided into those that handle criminal cases and those that handle civil cases, while in others, specific courts are created to handle specific cases. Examples of limited jurisdiction courts are family courts, juvenile and probate courts (Siegel, 2009). The general jurisdiction courts however, handle more serious felony cases such as murder, civil cases with damages more than & 1,000, rape and robbery cases. The courts are organised based on the political division of a state so that there are district courts or circuit courts. In some states, the limited and the general jurisdiction differences are unified so that the states have a unified court system for example in Washington D.C and Puerto Rico (Siegel, 2009). Another difference is in the laws and constitution. Each state has its own laws and constitution. These differences make it difficult for a bar association to be formed nationally since law practice is also different. It would create inefficiency if a national bar association was formed unless the association represents the individual associations of each state so that the 50 bar associations belong to one federal bar association. Additionally, just as stated before, the state courts systems are different from the federal court systems. Below are the differences; The federal courts handle different cases from state courts. State courts handle state cases considering their laws and constitution while federal courts handle cases such as ambassadors and bankruptcy cases, cases dealing with admiralty law, disagreements between two or more states, cases involving public ministers, constitutionality of the U.S law cases and U.S treaties and law cases (Siegel, 2009). The structures of the courts are also different considering the number of courts they have, the types of courts and the cases they handle. Judges in federal courts are appointed as according to Article III of the US constitution giving them the right to practice law for life unless found guilty of violation of good behaviour, while state court judges can be appointed for life, elected or nominated for some period of time then elected (Siegel, 2009). The legal system determines the education system and the required skills to enter into law practice. Accreditation and admission law tests cannot be offered by one national association based on the differences among the states and between the state and the federal court systems. 4. Determining if morbid obese people should be recognised as quasi-suspect class requires determination of who belongs to a quasi-suspect class, research on the characteristics of morbid obese people, what classifies them as quasi-suspect and what equal protection they do not receive classifying them as quasi-suspect class group. Morbid Obese people Morbid obesity is a health condition classified as a disability in US (Stowe, 2009) where an individual’s weight is more than the average weight necessary for his or her height. If an individual has twice the weight he or she should have in relation to his or her weight, then the person is considered morbidly obese. Morbid obesity is characterised by difficulty in breathing, walking and other physical functioning, high risk of developing high blood pressure, cancer, heart disease, diabetes and osteoarthritis (AOMC, 2010). According to the American disability act, obesity is not a disability but morbid obesity is a disability (Stowe, 2009). According to Lundmark, (2008) quasi suspect class is a group that deserves intermediate scrutiny in case they deserve equal protection as members of a specific group. Intermediate scrutiny is a method used by courts to determine if the law is constitutional in relation to the case brought forward. It is mostly used classifications of gender and illegitimacy (Lundmark, 2008). Currently, there are three levels of scrutiny used to analyse equal protection. These are strict scrutiny, intermediate scrutiny and minimum scrutiny. Strict scrutiny deals with the suspect classifications which are; race, religion, national origin, and alienage and those burdening the fundamental rights such as the right to vote, the right to access courts, interstate migration and some other rights that the courts recognize as fundamental (Lundmark, 2008). Intermediated scrutiny deals with quasi-suspect classifications which are gender and illegitimacy. Minimal scrutiny analysis considers other applications apart from suspect and quasi-suspect fir example those that disadvantage the homosexuals, the mentally retarded and innocent alien children (Lundmark, 2008). From the above description, morbid obese people can only belong to suspect classification. The strict level of scrutiny is used to analyse equal rights protection burdening the fundamental rights of individuals. Morbid obese people should have equal rights to employment, to public places and to health care. Violation of these rights with no law protecting these morbid obese people to such violations is burdening their fundamental rights. Obese people have been subjected to a lot of discrimination for example in health care systems, when offering public services and in employment sections. Discrimination in Work Places: Morbid obese people suffer discrimination from jobs because of their weight. Many employers perceive them as unproductive, slow and incompetent. Morbid obese people are also discriminated in hospitals by doctors. According to Stowe, even the doctors that should help the obese people discriminate against them because of their weight and most of the affected avoid going for medical help (Stowe, 2009). Health care service provision is also a problem. Insurance companies fear registering obese people because of their weight and related problems. The insurance companies have the perception that obese people’s medical expenses are high and so they avoid insuring such people (Stowe, 2009). Although the morbid obese people are classified as disabled, discrimination is still high and employers sometimes defend themselves of the incapability of obese people to perform certain jobs. The protection therefore is inefficient. Morbid obese people should not be considered under intermediate scrutiny but on strict scrutiny. Employers always have excuses to not employing the obese people because of their incapacity and there is no legislation that protects morbid obese people from such discrimination (Stowe, 2009). For this reason, they deserve strict scrutiny level of analysis to equal rights protection. Based on this analysis, the morbid obese people can be subjected to strict scrutiny. Intermediate scrutiny deals with quasi-suspect classifications which are gender and illegitimacy (Lundmark, 2008). Morbid obese people are neither discriminated based on their sex or illegitimacy but based on their body weight and size. It is their fundamental rights that are violated when they discriminated against equal right to employment, equal right to health care and equal right to access to public places. 5. Statutory Construction Statutory construction is the interpretation of the statutes and applying them when resolving cases. The statutes are formed or framed by the congress and it is the congress that is aware of the intent of the legislation. If a court’s interpretation does not satisfy the congress, the congress can override the misinterpreted legislations (LII, 2010). Generally, statutory construction involves interpretation of the text which in turn gives the meaning of the legislature. The meaning of the legislature reveals the intent of the legislature. In any statutory construction, the intent of the legislation has to be considered, The World Today The world of today is characterised by so many changes compared to the world of the 18th century or before. There are more advancement in technology, way of life or social life, the cultures and political development. Changes in culture, political development, social life, technology and so many other areas lead to changes in human needs. The changing systems in the world do not necessarily mean changes in the constitution but it requires a flexible legal system that can still respond to the needs of the people (World Bank, 2008). The Current Statutory Construction Method The first consideration is to the statutory text before any further interpretation that needs consideration of the legislative history. This is referred to as using the plain meaning rule. It means that the ordinary meaning of the statutory is established by first considering the words. The intent of the legislation is also established from the words if the courts are unable to establish the ordinary meaning from the words by reviewing the history of the legislation. Any interpretations that go against the intent of the legislation are highly discouraged. From this description, it is evident that the court uses statutory text interpretations and intent determination to interpret the statute (Costello, 2001). There are certain rules that are used by the court to interpret the statute. Among these rules, there is one prime rule that the courts must use, the rest govern the interpretation but are not limited to them. The prime rule is that the courts must assume that in a statute, the legislature says what it means and means what it says. The results determine the next steps in interpretation of the statute. If the words are found to be clear and the meaning of the statute understood, then inquiry stops there (LII, 2010). This rule also applies when using the congressional intent as a method of interpreting the statute. The rest of the rules are; That the statute should be internally consistent When an exception is made to a rule, the inference should be that there are no other exceptions That when a certain language is used in one section and omitted in another section of a statute, the legislation is presumed to act intentionally or with a purpose. That if any conflict occurs between the legislation and the case laws, then the legislation is preferred to the case law when making judgements. That in the case of an ambiguous criminal statute interpretation, the ambiguity should be resolved in favour of the defendant That interpretation of the statute may also consider the use of a word, case law, punctuation, parallel reasoning and dictionaries (LII, 2010). Statutory Text Interpretation Statutory text interpretation is where the interpretation begins. The text is analysed to determine the plain meaning before any further interpretations. According to Costello the text is read harmoniously as a whole. This includes consideration of the statutory context of the text and establishing the meaning in relation to its statutory purpose. It is therefore the parts of the texts that form the meaning of the statutory, but the purpose of the legislation has to be considered when interpreting the parts of the text (Costello, 2001). Congressional Intent This is another form of interpretation of the statute that is used if the plain text meaning of the text cannot be established or unclear. In this case, the courts seek to know the intent of the legislature. From this, the meaning of the statute is established. This requires reference to the legislation’s history. The process involves interpretation of the parts of the text just like described above but with the intention of finding out the congressional intent (Costello, 2001). The difference is that in the later, it is the congressional intent that will help the court make the last decision while in the former; the court can use the plain meaning as determined by the text interpretation. From the above information, it is clear that there are two forms of interpretation all which certain rules have to be used. These are; the interpretation of the text and the interpretation that determines the congressional intent. All these forms of interpretation are important in the current world. As noted earlier, the world of today has changed and is different compared to the world at the time of constitution making. This is why determination of the meaning of the statutory text is important. It enables relation of the text to the current world situations. The second form of statutory construction is also important. In the United States, there are three branches of the constitution and the legislative branch creates the laws. Their intentions should be established when interpreting the law in order to fulfil the rights and the liberties guaranteed by the constitution. Although the use of previous cases is encouraged, reference to these cases should consider the changes in the society so that accurate interpretations are made. It is not advisable to pass a law that mandates the use of one particular method of statutory construction. Because of the changing society and changing systems in the world, one particular method would limit the interpretation of the statutory to specific meanings. There will be no flexibility in interpretation of the law hence the meanings of the legislations will not relate to the situations under which the cases are being resolved. Flexibility in legislation is very important since a changing society is in continued need of the law. There is no day that law and order will not be necessary in a society. References Adbert Obesity Management Centre (AOMC), (2010), Understanding Morbid Obesity, Retrieved on 11th, March 2010 from: http://www.obesitysurgeryindia.org/morbid_obesity.html. Administrative Office of the United States Courts (AOUSC), (2001), The Federal Court System in the United States: An Introduction for Judges and Judicial Administrators in Other Countries Retrieved on 11th, March, 2010 from: http://www.uscourts.gov/library/internationalbook-fedcts2.pdf . Boylan, T. S., (2010), Preparing for Law School: Facts and Resources. Retrieved on 12th, March 2010 from; http://www2.winthrop.edu/plsc/prelaw.htm. Costello, G., (2001), Statutory Construction: General Principles and Recent Trends, Congressional Research Service, Vol 97-589 of CRS report for Congress. Legal Information Institute (LII), (2010), Statutory Construction, Retrieved on 12th, March 2010 from; http://topics.law.cornell.edu/wex/statutory_construction. 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