The formation of USA Legal System: main structural elements and dynamics of development

10.12737/5065 ◽  
2014 ◽  
Vol 2 (1) ◽  
pp. 26-31
Author(s):  
Алексей Саломатин ◽  
Alexey Salomatin
Keyword(s):  
Federal Government ◽  
Legal System ◽  
Federal Court ◽  
Economic Life ◽  
Early Years ◽  
Legal Rights ◽  
Court System ◽  
The Republic ◽  
American Federalism ◽  
The 19Th Century

The article deals with the evolution of USA Legal System starting from the 1787 Constitution till the end of the 19th century. Taking corporate, land regulation, criminal law as examples the author considers participation of federal and state powers in solving actual legal problems. It is demonstrated that in spite of broad legal rights of states from the very beginning they were not able to decide themselves burning issues of social and economic life without interference of Federal Government. And Federal Government was clever enough to build up a strong federal court system in the early years of the Republic. This system not only furthered some kind of uniformity of law under grass roots federalism but safequarded American federalism itself. Thanks to broad interpretative powers of US Supreme Court which decided what was Constitutional or non-Constitutional in state and federal legislation American civilization not only has preserved itself from dangers of separatism but achieved great paces of development.

scholarly journals The Forensic Engineer in State and Federal Court

2014 ◽  
Vol 31 (2) ◽  
Author(s):  
Richard M. Ziernicki
Keyword(s):  
United States ◽  
Legal System ◽  
Expert Witness ◽  
Federal Court ◽  
The United States ◽  
Court System ◽  
Civil Lawsuits ◽  
Forensic Engineering ◽  
And Function

This paper outlines the legal system in the United States, the different types of courts, the differences between criminal and civil law, and the role of forensic engineering experts involved in civil lawsuits. After providing a summary of relevant procedures employed by civil and criminal courts, the paper describes the basic principles and requirements for the selection and work of a forensic engineering expert in both the state and federal court system. This paper outlines the role and function of forensic experts (specifically forensic engineers), in the United States court system. It is not a treatise on the legal system but on the role of experts. The paper presents the requirements typically used in today’s legal system to qualify a forensic engineer as an expert witness and to accept his or her work and opinions. Furthermore, this paper discusses who can be an expert witness, the expert’s report, applicable standards, conducted research, engineering opinions, and final testimony in court — and how those elements fit into the legal system. Lastly, the paper describes the concept of spoliation of evidence.

Perry and Windsor

2021 ◽  
pp. 147-155
Author(s):  
Michael J. Rosenfeld
Keyword(s):  
Social Science ◽  
Federal Government ◽  
Federal Court ◽  
Court System ◽  
Heterosexual Couples ◽  
Same Sex ◽  
Same Sex Marriage ◽  
The Social ◽  
Legal Challenges ◽  
Tax Benefits

A 2010 federal trial in California, Perry v. Schwarzenegger, ruled that Proposition 8 was unconstitutional and showed that the expert witnesses brought in to testify against marriage equality were either unconvincing or entirely lacking in credibility. Perry was a triumph for the social science consensus supporting gay rights. Moving up the federal court system at the same time was Edith Windsor’s challenge to DOMA, which prevented the federal government from recognizing Windsor’s marriage to Thea Spyer, and therefore prevented Windsor from enjoying the estate tax benefits that married heterosexual couples enjoy. The 2013 U.S. v. Windsor decision overturned a key provision of DOMA, the federal ban on recognizing same-sex marriages and opened the door to legal challenges to every state ban on same-sex marriage.

The Germans and their Jewish Neighbors on the Ukrainian Areas at the Second Half of the 19th Century

2020 ◽  
pp. 17-27
Author(s):  
D. Meshkov
Keyword(s):  
Everyday Life ◽  
19Th Century ◽  
Russian Empire ◽  
Early Years ◽  
Criminal Cases ◽  
South West ◽  
Multiethnic Population ◽  
The Russian Empire ◽  
The 19Th Century ◽  
The Relationship

The article presents some of the author’s research results that has got while elaboration of the theme “Everyday life in the mirror of conflicts: Germans and their neighbors on the Southern and South-West periphery of the Russian Empire 1861–1914”. The relationship between Germans and Jews is studied in the context of the growing confrontation in Southern cities that resulted in a wave of pogroms. Sources are information provided by the police and court archival funds. The German colonists Ludwig Koenig and Alexandra Kirchner (the resident of Odessa) were involved into Odessa pogrom (1871), in particular. While Koenig with other rioters was arrested by the police, Kirchner led a crowd of rioters to the shop of her Jewish neighbor, whom she had a conflict with. The second part of the article is devoted to the analyses of unty-Jewish violence causes and history in Ak-Kerman at the second half of the 19th and early years of 20th centuries. Akkerman was one of the southern Bessarabia cities, where multiethnic population, including the Jews, grew rapidly. It was one of the reasons of the pogroms in 1865 and 1905. The author uses criminal cases` papers to analyze the reasons of the Germans participation in the civilian squads that had been organized to protect the population and their property in Ackerman and Shabo in 1905.

KONSTITUSI EKONOMI SYARIAH DI INDONESIA

2017 ◽  
Vol 11 (2) ◽  
pp. 161-74
Author(s):  
Syaugi Syaugi
Keyword(s):  
Economic System ◽  
Legal System ◽  
The State ◽  
Economic Life ◽  
Legal Concept ◽  
Economic Law ◽  
National Economic ◽  
Economic Ideology

    As a constitution, the Indonesian Constitution of 1945 regulates how the national economic system should be arranged and developed. In the perspective of constitution, the implementation of sharia economy does not mean the state directs a particular economic ideology. Philosophically, the ideals of Indonesian economic law is to initiate and prepare the legal concept of economic life. Shariah economy has a strong foundation both formally shariah and formallyconstitution. Formally shariah means the existence of shariah economy has a strong foundation in Indonesian legal system. Formally constitution means, in the context of the state, Shariah economy has a constitutional basis. The existence of laws relating to shariah economy shows that the Indonesian economic system givesa place to the shariah economy.

Early European Influences on Tswana Law

1987 ◽  
Vol 31 (1-2) ◽  
pp. 151-160 ◽  
Author(s):  
I. Schapera
Keyword(s):  
Legal System ◽  
Central Government ◽  
Government Control ◽  
Intensive Study ◽  
African Countries ◽  
Inaugural Lecture ◽  
Western Law ◽  
Local Courts ◽  
The Republic ◽  
The Impact

In the closing paragraph of his inaugural lecture Law and Language, Professor Allott referred to what he termed “a daunting obstacle” to the intensive study of African legal systems.That obstacle is the rapid disappearance, before our very eyes, of the traditional systems that we have proposed to study. A generation ago there would not have been that difficulty; but today the traditional tribunals have vanished in many African countries where their place has been taken by statutory local courts. Even where the traditional courts appear to have survived, at least in name, they are usually affected by the impact of western law and institutions and of central government control.Those words were written in 1965. How true and necessary they were is shown by the fact that more than fifty years previously—even more than “a generation ago”—the impact of “western” influences upon the Tswana peoples of the Bechuanaland Protectorate (now the Republic of Botswana) had already led to many changes in the indigenous legal system, although, at that time, the “traditional courts” still survived virtually intact and not merely “in name”.The nature and extent of those changes can be readily ascertained by the fortunate chance that, there are still available the records of approximately 470 cases tried, over a period of six and a half years, in the highest traditional court of the Ngwaketse, a major Tswana chiefdom.

Rule of law and the scope of interpretation of legislative provisions in the process of judicial and administrative review. Remarks against the background of the phenomenon of „lawmaking” of administrative courts

2021 ◽  
Vol 2(24) ◽  
pp. 373-387
Author(s):  
Przemysław Wilczyński
Keyword(s):  
Public Administration ◽  
Rule Of Law ◽  
Legal System ◽  
The Rule Of Law ◽  
Basic Criterion ◽  
Administrative Review ◽  
Administrative Courts ◽  
The Republic ◽  
Insight Into

The rule of law, as stipulated in article 7 of the Constitution of the Republic of Poland, is one of the fundamental principles shaping the functioning of public administration in the Republic of Poland. Legality of the functioning of public administration is also accepted as the basic criterion of judicial and administrative review of the actions taken by the administration. However, judgments of administrative courts often go outside the boundaries of findings that could be made based on linguistic interpretation of legislative provisions, by referring to the rules of the legal system, including in cases where no doubts exist with regards to the interpretation of provisions. The aim of this paper is to offer insight into the basis and nature of doubts encountered with regards to the admissibility of the use of non-linguistic interpretation by administrative courts where the use of such interpretation does not appear to be required.

SEJARAH KAMPUNG PONDOL DAN KOMUNITAS EKSIL MUSLIM DI KOTA MANADO

2020 ◽  
Vol 5 (2) ◽  
Author(s):  
Roger Allan Christian Kembuan
Keyword(s):  
Historical Method ◽  
National Archives ◽  
Colonial Archives ◽  
The Republic ◽  
Xix Century ◽  
Colonial Government ◽  
The 19Th Century ◽  
The Impact ◽  
New Location ◽  
Dutch Colonial

Abstract: This research discusses the process of forming and developing of Pondol village in Manado as a location for exile along with the Dutch colonial government policy that placed exiles who came from several sultanates in Java in the Manado Residency during the 19th century. The discussion includes, first, the background of the exile of the Javanese aristocrats in Manado. Second, the process of establishing Pondol as a location for exile and its development during the XIX century, and third, the adaptations made by the exiles to adjust to their exile and the impact of their arrival on the Manado-Minahasa community. The historical method is used in this research, using colonial archives from the XIX century which are stored in the National Archives of the Republic of Indonesia, and local sources, especially manuscripts stored by their descendants in Manado and Java. The findings in this study are; Kampung Pondol was formed due to the isolation of Kanjeng Ratu Sekar Kedaton and Pangeran Suryeng Ingalaga and some of his followers originated from political intrigue that occurred in the Sultanate of Yogyakarta. Second, the reason why Kampung Pondol was chosen as the new location for exile by the Dutch colonial government for Javanese royal officials was different from the exile of other figures in Tondano and Tomohon. Third, the form of adaptation carried out by the exiles in Kampung Pondol Manado was marriage with women from Manado and relationships with Dutch people who lived around them.Keywords : Exile, Javanese Noble, Pondol Village, Adaptation. Abstrak: Penelitian ini membahas tentang proses terbentuk dan perkembangan kampung Pondol di Manado sebagai lokasi pengasingan seiring dengan kebijakan pemerintah kolonial Belanda yang menempatkan para eksil yang berasal dari beberapa kesultanan di Jawa di Karesidenan Manado pada sepanjang abad 19.  Pembahasannya meliputi; Pertama, Latar belakang pengasingan para bangsawan Jawa di Manado. Kedua, proses terbentuknya Pondol sebagai lokasi pengasingan dan perkembangannya selama abad XIX, dan Ketiga, adaptasi yang dilakukan para eksil untuk menyesuaikan diri di pengasingan serta dampak kedatangan mereka pada masyarakat Manado-Minahasa. Metode sejarah dipergunakan dalam penelitian ini, dengan mempergunakan sumber Arsip Kolonial kurun waktu abad ke XIX yang tersimpan di Arsip Nasional Republik Indonesia,  dan sumber lokal terutama manuskrip yang tersimpan oleh keturunannya di Manado dan Jawa. Temuan dalam penelitian ini adalah; Kampung Pondol terbentuk karena Pengasingan Kanjeng Ratu Sekar Kedaton dan Pangeran Suryeng ingalaga dan beberapa pengikutnya berawal dari intrik politik yang terjadi di Kesultanan Yogyakarta. Kedua, alasan Kampung Pondol dipilih sebagai lokasi baru pengasingan Pemerintah Kolonial Belanda bagi pembesar kerajaan Jawa yang berbeda lokasi dengan pengasingan tokoh-tokoh lainnya di Tondano dan Tomohon. Ketiga, bentuk adaptasi yang dilakukan oleh para eksil di Kampung Pondol Manado dilakukan pernikahan dengan wanita dari Manado dan relasi dengan orang-orang Belanda yang tinggal disekeliling mereka.Kata Kunci : Eksil, Bangsawan Jawa, Kampung Pondol, Adaptasi.

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