American Judicial System

American Judicial System

Introduction

The American judicial system's need for an effective strategy to combat such crimes has been a constant topic of debate. While using models for balancing the fight for the right type of justice model, the United States' justice system struggles to find a pendulum balance between individual rights and social order.

Discussion

Effective judicial protection from the point of view of the work of the organs court, will reduce the transaction costs associated with running these, mainly derived factors, time, restoration of rights and their effectiveness, which are discussed below. This will generate a series of beneficial effects for the economy in general: First, at lower transaction costs associated with the courts, there will be greater certainty that if a dispute arise between the parties exist mechanisms resolving it within acceptable time and, moreover, the resolution will be predictable and will run at a cost that does not neutralize the marginal benefits of go to the process. In this way it will be easier exchange between the parties, on particularly among risk averse, they will be encouraged to participate actively in the market by entering into contracts whose performance is more likely.

Moreover, investors perceive the judicial system guarantees security and stability of property rights over time (eg intellectual property rights and industrial), have incentives to invest, not only in the short term but in the long term, for example in new technologies or in assets in the medium and long term can lead to great benefits, not only purely economic development but for social welfare.

Another aspect in which the judicial system plays an important role is the distribution of property rights and shaping the behavior of individuals. When a judicial system minimizes transaction costs by a fair distribution of property rights in accordance with the mandate established in the rules issued by the legislature, based on assumption substantive rules fair and efficient from the point of view of distribution, its function is none other than the allocation and redistribution of property rights under criteria of effectiveness, efficiency and fairness. When, moreover, the apparatus judicial departs from those standards, will be making a distribution of rights, in addition to lack of predictability does not guarantee the criteria described (under the premises indicated).

Moreover, when it issues a strict and consistent from point of view of the application of existing law and also the judiciary has with the features necessary to make it effective at a low cost to the benefit, the parties penalized by the resolution will feel encouraged to adapt their behavior to prevailing institutions and not to engage in conduct causing the resolution that has been unfavorable.

It is true that the institution of judicial review does not display its effects in a isolated environment, so that there are other institutions that will influence the same and hence their effectiveness, such as rules specific content However, the political-social and cultural context in which the judge operates will influence in the final output it ...