If you have ever had any problem at all with the law, you understand the need to have an attorney, but where did our court system begin? How did the courts become what they are today? We all know that our forefathers guaranteed the bill of rights and with that the right to a free trial, but what are the main branches of the law and what do they entail?
Levels of Law
The Federal law is the largest level of the law. This is the law that is enacted over the entire country. The federal law is typically known as the executive branch of the law and has the power to impose regulations. When the system first began federal law stuck to powers that were given by the constitution, such as foreign affairs, money, the military, patents, copyrights, tariffs, and the mail. However, over time the federal law has taken over other areas as well such as telecommunications, aviation, antitrust laws, railroads, trademarks, and pharmaceuticals.
The next level of the law is state law. These laws are made by each individual state and cover everything that is not part of the federal statutes, constitution, or international treaties. Typically, the state Supreme Court will handle all issues that pertain to state law, unless the interpretation by the state Supreme Court causes a federal issue. When this happens a decision can be appealed by the Supreme Court.
The smallest level of the law is local law. States have given local counties, cities, agencies, and townships the lawmaking power within their specific areas. Commonly, Americans that live in a major metropolitan area find themselves under several laws from many different agencies including all the local, state, and federal layers of government.
Why we Need Lawyers
When it comes to the law, there are so many loopholes and regulations that it is difficult to understand them all. If you find yourself in any type of skirmish with the law, criminal or otherwise, it is best to have a lawyer on your side. Lawyers are experts in the law and have studied for years to understand the finite details of the law. Depending on the type of issue that you are dealing with will determine the lawyer that is chosen.
Typically, lawyers will specialize in a specific area of the law. It is always best to choose a lawyer that is an expert in the field that you are dealing with. You would not want a criminal lawyer handling your divorce case as he or she may not fully understand the laws in the divorce court, even though they will know a bit about how the cases are handled.
When seeking a lawyer, choose one that knows all of the laws pertaining to your particular case. This will ensure that you have the best defense on your side. Remember, lawyers are there to help protect you in any type of legal matter. They are your number one advocate during a case and you should demand the highest level of competence from them.