Checks and Balances

The Constitution provides for three main branches of government which are separate and distinct from one another. The powers given to each are carefully balanced by the powers of the other two. Each branch serves as a check on the others. This is to keep any branch from gaining too much power or from misusing its powers.

Congress has the power to make laws, but the President may veto any act of Congress. Congress, in its turn, can override a veto by a two-thirds vote in each house. Congress can also refuse to provide funds requested by the President. The President can appoint important officials of his administration, but they must be approved by the Senate. The President also has the power to name all federal judges; they, too, must be approved by the Senate. The courts have the power to determine the constitutionality of all acts of Congress and of presidential actions, and to strike down those they find unconstitutional.

The system of checks and balances makes compromise and consensus necessary. Compromise is also a vital aspect of other levels of government in the US. This system protects against extremes. It means, for example, that new presidents cannot radically change governmental policies just as they wish.

Civil actions

Civil actions involve a dispute between two or more parties. In such cases, the complaining party, or plaintiff, initiates a lawsuit against the defendant. The state acts merely as referee and is not a party to the dispute.

The first step in a civil lawsuit is the filing of pleadings with the clerk of the court. The plaintiff files a complaint which briefly states the injury and names the defendant. The defendant may also file a counterclaim against the plaintiff.

The next step is that of preparation for a court trial. While attorneys for both the plaintiff and the defendant are busily preparing to argue the case in court, the court itself is making certain preparations. Principal among these is the selection of a jury.

Finally comes the day in court. The plaintiff’s attorney first presents an opening statement, in which he sets forth what he intends to prove before the court. He then calls witnesses and presents other evidence. The defendant follows the same pattern to present another side of the case. Witnesses may be examined and cross-examined. Examination is a process by which a lawyer questions a witness called to testify by his side in the case. Cross-examination is a process by which a lawyer questions a witness called to testify by the other side. Evidence or testimony introduced in court can be, and often is, objected to. When all evidence has been presented, each party to the dispute gives a closing argument, the plaintiff first – leaving the last say to the defendant. This stage of the trail is called pleadings of the attorneys.

At this point the judge and jury take over. The judge first instructs the jury concerning the various points of law involved in the case. When the jury reaches a decision a foreman chosen by the jurors themselves delivers the jury’s decision.

Decisions of a jury or a judge in a civil case are called awards. These awards may include money damages for the alleged injury, compliance with the terms of a contract, or orders to stop further illegal actions. They are final, subject only to review by a higher court on appeal, and will be enforced by the state.