"An overview of the American legal system"

In its entirety, the American legal system can be complex and confusing. Although you will learn about how the system works as you progress through law school, you will probably not learn as much in school as you will learn once you are out in practice. The system is comprised of a multitude of courts, legal personalities, rules, and responsibilities, all of which may seem overwhelming at first. But like anything, with a little practice, you will become familiar with and comfortable navigating through the system. Your course of action will depend considerably on what type of law you practice. For example, if you are a corporate attorney, your client may use your services to advise the corporation on business matters. If you are a prosecutor, you may have political pressures about who you should bring charges against and exactly what crimes you should charge the alleged criminal with. If you are a civil attorney, you may act as both an advisor to your client as well as actually try the cases before a jury. The important thing to remember is that there is no "one way" to navigate through the American legal system. It will all depend on your client's needs and the type of law you are qualified to practice. However, there are a few basics we can help you with to give you a VERY generalized overview of the system and how it works.

The preliminary process
The legal process typically begins with either a dispute that needs to be resolved or some sort of question that a client would like answered. For example, a business person may consult with an attorney about how to set up a corporation, or an employee may consult with an attorney about whether his or her rights were violated while on the job.

As an attorney, it is your responsibility to help the client. You will probably discuss with your client (or potential client) the legal, ethical, and sometimes personal ramifications of the client's situation. You may know the answer to the client's question immediately, or you may need to do some research and get back with the client at a later date. Either way, you will share this information with your client so that you may fully inform the client of all of his or her rights and responsibilities. #p#分页标题#e#

Depending on your advice, the client will then choose a course of action. The course of action may be to do nothing at all, or it may be to proceed with a lawsuit or some other form of legal action. Based on your client's needs, you will investigate several things: where did the dispute arise, who were the parties involved, what is the desired outcome of the client, are the client's expectations realistic, is there a legal remedy that can address your client's concerns, and so forth.

The litigation process
Once you have determined the essential background information, your client may decide it is time to file suit. Filing suit is not as easy as it sounds. You need to determine what court is best to hear the case. Is it a matter of state law or federal law? Does your client need to perform any preliminary obligations, such as exhausting a grievance procedure, prior to filing suit?

You will also need to draft a complaint and determine the appropriate parties to the lawsuit. You will need to consult with your client to determine what remedy the client will be seeking and whether the court in which you chose to bring the suit can provide the desired remedy to your client. You will probably have to do research to determine exactly how to word the complaint against the other party.

Once you have actually filed suit, there are other responsibilities. You will engage in a "discovery" process wherein you share factual information about the suit with the opposing counsel. You will probably present "motions" and briefs to the court as you and the opposing counsel advocate on behalf of your clients. In many circumstances, you will probably resolve the case before you ever have to go to trial. However, you must prepare your client's case for trial in the event it does not settle before hand.

The trial
If the case does not settle before hand, you will need to try the case. Some cases are tried before a jury and others are tried before a judge. You will need to determine who is your audience and argue your case appropriately. In order to successfully try your case, you may need to interview witnesses, present exhibits, or even visit crime scenes. You will prepare and present opening and closing arguments as well as present to the judge the law and legal issues on which the trier of fact must make its decisions. Even after the judge or jury renders its verdict, you may need to make post-trial motions and file post-trial briefs. #p#分页标题#e#

The appellate process
Depending on the outcome of the trial, your client or the opposing party may decide to appeal the case. You will need to consult with your client to determine whether this is the best course of action, and whether you will even be able to represent your client on appeal. Unlike the trial process which focuses primarily on factual issues, the appellate process concentrates primarily on legal issues. You will have to research the legal issues involved in the case and write briefs to the appellate courts. You will need to know when your client has a "right" to appeal the case and when your client does not.

Finally, you may wish to consult with your client after the entire process is over so that you can advise your client on how to avoid having to go to trial again in the future.

The preceding information was just a brief overview of the civil trial process. In the remaining subparts to this lesson, you will learn more about the American legal system, including how the courts are structured, how the state and federal courts interact, what role the courts play in the overall political process, and some of the rules on which the courts rely in making their decisions.