Essay Example on US Legal System Comparison Analysis Assignment









US Legal System Comparison Analysis Assignment I Legal System in Turkey Republic of Turkey was officially founded in 1921 after the abolition of Monarchy The government was established with three branches legislative executive and judicial According to 1982 Constitution Turkish Grand National Assembly is the legislative branch and it consists of five hundred and fifty five deputies who are elected every four years https www tbmm gov tr anayasa anayasa82 htm The executive branch is composed of the President and the Council of Ministers The President is elected for five years The President appoints the Prime Minister The Prime Minister elects the Ministers After the Parliament votes for confidence of the cabinet the President approves the Ministers However in 2017 Turkey had a referendum on amending some articles of the 1982 Constitution https en wikipedia org wiki Turkish_constitutional_referendum _2017 Instead of having a dual system Turkey will have a presidential system The amendments will be completed in 2019 Currently the Judicial Branch is led by the Ministry of Justice and independent courts There are three types of courts in Turkey judicial administrative and military Each court category has first instance and high courts Judicial Courts are separated into two types of Courts Civil and Criminal Courts Civil Courts are divided into two main types of courts Civil Courts of Peace and Courts of First Instance such as Family Courts Maritime Courts Labor Courts etc

The Courts of First Instance are specialized courts Criminal Courts are divided into four categories Criminal Courts of Peace handles crimes with less than two years of imprisonment or fine Criminal Courts of First Instance such as Juvenile Criminal Courts of First Instance Heavy Criminal Courts reviews crimes with more than ten years of imprisonment consists of a three judge panel and Courts of Criminal Enforcement The intermediate Regional Courts of Appeals has civil and criminal divisions the courts may approve the decision of the Court of First Instance re try the case itself or has the option to remand The Court of Cassation is the highest court of appeals for civil and criminal disputes Administrative Court consists of two types of courts administrative and tax courts Administrative courts resolve disputes between the government and individuals or entities which stems from administrative laws Any individual or entity who has a tax dispute can file a case at the tax court against the agency which levied the tax that is subject to the legal dispute The Regional Administrative Courts review the appeals or resolves disputes regarding jurisdiction of Administrative or Tax Courts http www mevzuat gov tr MevzuatMetin 1 5 2576 pdf The Council of State is the highest appeal court for administrative or tax disputes Military Courts handle offenses against military personnel or handles disciplinary issues of the military personnel Prosecutors and judges of these courts are members of Turkish Military The Constitutional Court is the highest court which reviews the constitutional rights and constitutionality of the laws Depending on the type of the court trials may be held with one judge or a panel of judges Turkish Civil code is based on Swiss code and Turkish penal code is adapted from Italian penal code Turkey signed Ankara Agreement with European Economic Community in 1963 and implemented several EU legislations II Comparison Turkish legal system is based on civil law whereas the U S legal system is based on common law There is no jury in 

Turkish courts decisions may be given by one judge or a panel of judges Due to harmonization of Turkish laws with European Union cross examination of the witness is introduced to Turkish Criminal Procedure Act however this process is quite different than the U S cross examination http dergiler ankara edu tr dergiler 64 1766 18713 pdf Since Turkey is not a federal country all the laws apply to all the cities In U S legal system there are federal and state laws While in Turkey there are mainly three high courts the U S Supreme Court is the highest court in the U S legal process for appeals In Turkey other than Civil Courts of Peace judges all judges are specialized in the subject matter of the courts they work whereas in the U S Courts specialization of the judges are very limited Judges in Turkey are appointed after completion of a two year additional education program however judges in U S are elected Also judges or prosecutors in Turkey are appointed to specific locations by the Council of Judges and Prosecutors they do not have the liberty to choose their post http mevzuat basbakanlik gov tr Metin Aspx MevzuatKod 7 5 8063 MevzuatIliski 0 sourceXmlSearch nak Lastly written pleading procedure during trials is more common in Turkish legal system Most of the evidence must be submitted before the trial begins but judges may request additional evidence during the trial

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