The United States has more lawyers per capita than any other country: two and a half times as many as Great Britain, five times as many as Germany, and twenty-five times as many as Japan. There’s even an entire television network devoted to covering trials (Court TV) and three versions of NBC’s popular show Law and Order. Courts and lawyers have played crucial roles throughout American history. There are three bases of American law:
- Case law: Court decisions that inform judicial rulings
- Constitutions: Agreements, such the U.S. Constitution and the state constitutions, that outline the structure of government
- Statutes: Laws made by governments
In the twentieth century, for example, court cases such as Brown v. Board of Education (1954) and Miranda v. Arizona (1966) have shaped the political landscape and caused tremendous controversies. In today’s political environment, we hear complaints from some who say that the courts are overstepping their bounds and undermining democracy, whereas others see the courts as the last protection against tyranny of the majority. The judicial branch of government is an integral, albeit complicated, part of American democracy.
I can clearly point out that the American legal system has its roots in the British system, which is based on common law. In this system, judges shape the law through their decisions, interpretations, and rulings, which are then collected into a body of law known as case law that other judges can use as reference. When judges make decisions, they look to similar cases for precedent, a court ruling from the past similar to the current case.