ABA Family Legal Guide

How the Legal System Works

The legal system, with its complex procedures and technical language, can be confusing and frightening to a person who does not have legal training and is caught up in it for the first time. That makes having a good grasp of the structure and function of the system particularly important. Understanding the legal system will be useful if you ever have to go to court yourself. The courts play an important part in American democracy, and understanding how they work might give you a deeper insight into our political process. And the more you know about how our legal system works, the more likely you are to respect the rights of others and demand that your own rights are respected.

Remember, federal laws and procedures differ from those in the states, and states differ among themselves. Because of the differences in the procedures each system uses, this chapter can't convey all the variations that exist in how courts operate. But focusing on the federal system should provide you with a good basic road map of the structure of the courts. If you want to pursue a lawsuit, you should talk to a lawyer about the laws that apply in your jurisdiction.

1. Introduction to the Legal System
2. The Structure of the Court System
1. State and Federal Courts
2. Separation of Powers
3. Judges
3. The Civil Trial: Step by Step
1. Commencing Legal Proceedings and Procedures Before Trial
2. Exchange of Information
3. Juries
4. Trials
5. Verdicts
6. Procedures After Trial
4. Mediation and Small-Claims Court
1. Resolving Your Dispute out of Court
2. Small-Claims Court