Assignment in Business Law Paper Example

Various criticism of the legal system include the following:  (1)  That the current legal system is terribly burdened because of  not enough judges and courtrooms to accommodate all the cases filed. The result of these is seen in long delays in the resolution of civil cases before the issues are ready to be scheduled for trial. (2) Many of the poor litigants cannot also afford the cost of the legal system. There are legal fees that must be paid before a claim for damages or civil liability could be taken cognizance by the court.

If the fees are not paid, the court cannot acquire jurisdiction over the case and for which there is claim whatsoever from the legal point of view and it will  not toll or stop the prescription period of the claim since there technically valid filing of complaint or claim (State Bar of California, 2001). To improve the legal system is to amend the law that would increase judges and courtrooms. 2a. Briefly describe and explain the major sources of law in the United States, including common law, statutory law and constitutional law.

(10 points, half page) The common law applies apart from the statutory laws. Since common laws derive it force and power from the cases decided by implied consent, the legal body or the US Congress does not make the same. There are the so called jurisprudence which became part of the law since the principles of the previously decided case could be used by the court in resolving subsequent cases. The statutory laws are enactments of the US Congress which may readily be found under the US Code of Law.

The constitutional law on the other hand contains the provisions of the US Constitution including the amendment which can affect the rights of parties in the litigation. The court can use one or a combination of these sources of law to resolve disputes but among the three it is the US Constitution that must be controlling since all other laws cannot be  violative of the Constitution. What ever may be declared unconstitutional by the Supreme Court is considered invalid will have no effect and will confer no rights or obligations (Lectric Law Library,2008).