Nguyen Linh Lan đã viết:
Cho em hỏi co phải anh Hưng học luật bên Mĩ ko ạ?Em học ở France,thấy có nhiều nét tương đồng giữa hệ thống pháp luật VN mặc dù mới được học những cái cơ bản và cũng ko nắm rõ lắm về thể chế chính trị,pháp luật Nhà nuớc mình.
Mọi người có thể bàn luận một chút về cơ sở pháp luật Việt nam ko, rồi sau đó so sánh giữa các hệ thống?Tại em có 1 số khó khăn trong việc dịch từ chuyên môn,ví dụ như Jurisprudence= án lệ , từ này ko được phổ biến lắm.
Bác nào học hoặc rành luật VN thì xin chỉ giáo cho em nhé
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Duoi day la mot so net co ban ve luat cua mi ma hoc sinh mi duoc day trong nha truong. Hau nhu truoc khi tot nghiep trung hoc, ai cung nam ro nhung dieu nay.
Luat cua mi co nhugn dac diem quan trong:
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The "Miranda" Rights
1. You have the right to remain silent.
2. Anything you say can be used against you in a court of law.
3. You have the right to have an attorney present now and during any future questioning.
4. If you cannot afford an attorney, one will be appointed to you free of charge if you wish. ( public Defender )
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California "Three Strikes and You're Out" Law - if you are convicted of three felonies you may go to prison for life.
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The U.S. Bill of Rights is a group of generally worded "amendments" (changes or additions) to the U.S. Constitution designed to protect your civil liberties.
1st Amendment - freedom of speech
2nd Amendment - the right to bear arms
4th Amendment - the right to be protected from unlawful search and seizure
5th Amendment - provides a number of important protections for those accused of crimes, including requiring the use of an indictment in all trials for capital crimes; protection against "deprivation of life, liberty or property without due process of law"; and protection against the taking of private property of public use without just compensation
6th Amendment - the right to a speedy and public trial
7th Amendment- the right to a trial by jury
8th Amendment - prohibits excessive bail and "cruel and unusual punishment"
10th Amendment - gives the states powers not delegated to the federal government, nor prohibited by them, like the right to tax state residents.
13th Amendment - prohibits slavery and involuntary servitude
14th Amendment - guarantees "equal protection under the law" and "due process under the law" - used to argue many civil rights cases
15th Amendment - the right to vote shall not be abridged based on account of "race, creed or previous condition of servitude"
17th Amendment - sets Senators' terms to six years and their number to two per state
19th Amendment - gives women the right to vote
22nd Amendment - limits the term of the president to two terms (each term is 4 years)
26th Amendment - gives the right to vote to those 18 years old and older
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The United States is a republic that operates under a federalist system. The national government has specific, enumerated powers, and the fifty sovereign states retain substantial autonomy and authority over their respective citizens and residents. Both the national government and each state government are divided into executive, legislative, and judicial branches. Written constitutions, both federal and state, form a system of separated powers, checks, and balances among the branches.
The U.S. federal government is comprised of three branches: the executive branch ; the legislative branch ; and the judicial branch.
Executive Branch
The executive branch includes the President, the Vice President, the Cabinet and all federal departments, and most governmental agencies. All executive power of the government is vested in the President, who serves a four-year term. U.S. Const. art. II, sec. 1, cl. 1. The President is the Commander in Chief of the military, U.S. Const. art. II, sec. 2, cl. 1, and has primary authority over foreign affairs. The President has the power to make treaties, but only with the approval of two-thirds of the U.S. Senate.. The President also has the power to nominate all Supreme Court Justices, all other federal judges, ambassadors, and all other officers of the United States. U.S. Const. art. II, sec. 2, cl. 2. The President has the power to veto legislation. The Vice President is also the President of the Senate, but votes only in the case of a tie vote in the Senate. U.S. Const. art. I, sec. 3, cl. 4. The Vice President serves the same four-year term as the President. U.S. Const. art. II, sec. 1, cl. 1.
The President selects the heads of the 14 government departments. These departments are not specified in the Constitution and have varied in name and number over time. They now are the Departments of State, Treasury, Defense, Justice, Interior, Agriculture, Commerce, Labor, Health and Human Services, Housing and Urban Development, Transportation, Energy , Education, and Veterans Affairs . The heads of the departments form the Cabinet , which is the highest advisory group to the President. The executive branch also includes dozens of government agencies . The primary difference between agencies and departments is that agencies serve a very specific need. Government agencies include, for example, the Environmental Protection Agency (EPA), the Consumer Products Safety Commission , the Federal Trade Commission, and the National Labor Relations Board. The Administrator of the Environmental Protection Agency, the head of that agency, is not a member of the Cabinet.
Legislative Branch
All federal legislative powers are vested in the Congress of the United States, which consists of two chambers: a Senate and a House of Representatives. U.S. Const. art. I, sec. 1. There are 100 Senators, two from.each of the fifty states. Senators serve six-year terms. U.S. Const. art. 1, sec. 3, cl. 1, amended by U.S. Const. amend. XVII, sec. 1. The House of Representatives has 435 members, which are apportioned by population, with each state guaranteed at least one Representative. U.S. Const. art. I, sec. 2, cl. 3, amended by U.S. Const. amend. XIV, sec. 2. Representatives serve two-year terms. U.S. Const., art. I. sec. 2, cl. 1.
The powers of the Congress are specifically enumerated in the Constitution and include, among other things, the power to lay and collect taxes, duties, and tariffs. U.S. Const. art. I, sec. 8, cl. 1. Congress also has the power to regulate commerce with foreign nations, among the several states, and with Indian tribes. U.S. Const. art. I, sec. 8, cl. 3. This "Commerce Clause" provides the authority for most federal regulation of the environment.
To become law, a bill must be passed by both the House and the Senate, and signed by the President. The President has the option of vetoing the legislation, but the Congress can override the veto with a two-thirds vote of both chambers. U.S. Const. art. I, sec. 7, cl. 2.
The Congress also has substantial powers in overseeing the activities of the executive branch. The House of Representatives has the sole power to impeach the President and other officers, and the Senate the sole power to try impeachment. U.S. Const. art. I, sec. 2, cl. 5 & sec. 3, cl. 6. U.S. Congressional committees may demand disclosure of information and require agency officials to testify before them. The Congress has also established the General Accounting Office (GAO), which evaluates executive branch activities and reports back to the Congress. Most GAO reports are public documents.
Much of Congress' work is done by Congressional committees. The number and scope of Congressional committees can change, particularly when political control of the chamber changes parties and when the jurisdiction of committees overlaps, as is often the case. In the Senate, the following committees currently have jurisdiction over issues relating to environmental protection or natural resource conservation: the Agriculture, Nutrition, and Forestry Committee; the Appropriations Committee; the Commerce, Science and Transportation Committee; the Energy and Natural Resources Committee; the Environment and Public Works Committee; and, the Governmental Affairs Committee. In the House of Representatives, the following committees have jurisdiction over environmental protection or natural resource conservation: the Agriculture Committee; the Appropriations Committee; the Commerce Committee; the Government Reform and Oversight Committee; the Resources Committee; the Transportation and Infrastructure Committee; and, the Science Committee.
Judicial Branch
The federal judiciary is hierarchical. The highest court in the United States, and the only one required by the Constitution, is the United States Supreme Court. U.S. Const. art. III, sec. 1. The Supreme Court's decision is the final decision in any case. The Supreme Court has nine members: a Chief Justice and eight Associate Justices. The Supreme Court has limited original jurisdiction, hearing most of its cases on appeal. U.S. Const. art. III, sec. 2, cl. 2. In most cases, the losing party must petition the Court through a writ of certiorari to hear the case. The Court votes first on the writ, requiring four yes votes to hear the case.
The Circuit Courts of Appeals are the level of courts immediately below the Supreme Court. The Circuit Courts hear appeals from the District Courts, the lowest level of federal courts. There is one Federal Circuit Court, one D.C. Circuit Court, 11 other Circuit Courts, and more than 90 District Courts. The Congress has also established several courts that address special types of cases. Cases from these courts are appealed to the U.S. Court of Appeals for the Federal Circuit. These include the U.S. Court of Federal Claims , the U.S. Court of International Trade , the U.S. Court of Veterans Appeals , the International Trade Commission, the Board of Contract Appeals, the Patent and Trademark Office, and the Merit Systems Protection Board. Cases from. the Court of Military Appeals are appealed directly to the Supreme Court. The statute creating the lower federal courts and defining their authority is the Judiciary Act, 28 U.S.C. secs. 1- 2680.
All federal judges are appointed by the President and approved by the Senate. Federal judges hold their office for life, subject to impeachment by Congress. They have authority to interpret the Constitution, all federal statutes, treaties, and federal administrative rules, but their authority is limited to actual cases and controversies. U.S. Const. art. III, sec. 2, cl. 1. The federal courts do not provide advisory opinions. The federal courts also have authority to naturalize persons as U.S. citizens and to settle certain legal disputes, such as: between citizens of different states; between two or more states; between individuals and the federal government; between states and the federal government; and, between states and foreign governments.
1.3 Subnational Governments
Each of the fifty states in the U.S. share certain characteristics: each government is based on a written constitution, which cannot contradict the federal constitution; each has a republican form of government comprised of the same three branches (executive, legislative and judicial) as the federal government and containing a similar system of checks and balances, and separation of powers. Within these broad similarities, however, there can be significant differences in governmental structures among the various states.
A governor heads the executive branch of every state; the governor is in charge of running the government and implementing state laws. The governor's authority includes: developing and proposing legislation to the state legislature; overseeing the state's national guard; calling special sessions of the state legislature; and, pardoning persons convicted of state crimes. The length of a term served by a governor varies but is usually two or four years. A state governor oversees the state administrative agencies, including those agencies relating to environmental protection, wildlife conservation, or natural resource management.
State Legislatures
Every state has a legislature with two chambers, except Nebraska, which has only one. All state legislatures serve the same purpose: to represent the citizens of the state in making laws concerning state issues. State legislative terms vary, but are typically two or four years. Unlike federal laws, state laws only apply within a state's borders.
State Judiciaries
All state judiciaries are hierarchical, like the federal system. State systems are made up of a Supreme Court (sometimes with a different name), usually an intermediate appellate court, and a series of lower courts or trial courts, sometimes including specialized courts. State judiciaries interpret state laws and apply them in specific disputes relating to state law; they determine whether a state crime has been committed; they evaluate the constitutionality of state laws under the state constitution; and they review the legality of state administrative rules under state statutes.
Local Government
Local governments, unlike state governments or the federal government, are not directly defined by a constitution, though many state constitutions determine the process for creating a local government. For example, although many state constitutions determine the process for creating a local government, in many states, the state legislature must vote on the charter for any local government structure. Local government structures may vary, but they typically include counties, cities, villages, and townships. City governments most commonly include an elected mayor, which is the chief executive, and a city council, which acts much like a legislature. Villages and townships are often found in more rural areas; they may have a structure similar to that of a city or be run by a commission. Most states are divided into counties, usually with an elected board of county commissioners or supervisors. There may also be other elected county officials, including sheriffs or county executives. In addition, many special purpose delegates carry out such functions as education and, sometimes, environmental regulation.
Local governments, including cities and counties, often have important environmental responsibilities, such as managing solid waste, ensuring clean drinking water, developing and enforcing land-use plans, inspecting local restaurants and other establishments for health and safety, and providing emergency services and planning. More generally, local governments have the power to tax, to enact and enforce local ordinances, and to administer the local aspects of certain state and federal programs.
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http://www.cec.org/pubs_info_resour...nviro_law/publication/us01.cfm?varlan=english