Jurisprudence Law at American Samoa (US)
American Samoa's legal system is a unique blend of U.S. federal law, local statutes, and traditional Samoan customs. While there isn't a formal law school in American Samoa, the American Samoa Community College (ASCC) offers an Associate of Arts degree with an emphasis in Pre-Law. This program provides foundational knowledge in U.S. law, preparing students for further legal studies or careers in the criminal justice system.
Legal System Overview
The judiciary of American Samoa is defined under its constitution and the American Samoa Code. It comprises several courts:
High Court: The highest court in American Samoa, established in 1921. It has four divisions: trial, probate, land and titles, and appellate. The High Court hears felony cases, civil cases exceeding $5,000, and appeals from lower courts.
District Court: Handles misdemeanor offenses and civil cases where the amount in controversy does not exceed $5,000.
Village Courts: Each village has its own court, which deals with local regulations and minor offenses.
The Chief Justice and Associate Justice of the High Court are appointed by the U.S. Secretary of the Interior. Associate judges are appointed by the Governor of American Samoa upon the recommendation of the Chief Justice. Notably, while judges are required to have legal training, some associate judges may not have formal legal education.
Legal Education and Practice
For those interested in pursuing a legal career, the ASCC's Pre-Law program is a starting point. After completing the program, students often transfer to mainland U.S. universities to complete their bachelor's degrees and attend law school. The legal profession in American Samoa is regulated by the American Samoa Bar Association, which oversees the admission and conduct of attorneys.
Cultural Considerations
American Samoa's legal system incorporates Samoan customs and traditions, especially concerning land ownership and matai (chiefly) titles. The courts respect these traditions, and legal decisions often consider cultural factors. For instance, in Craddick v. Territorial Registrar (1980), the High Court upheld laws that prioritized Samoan land ownership, even though they created racial classifications, emphasizing the importance of preserving Samoan culture.
Conclusion
While American Samoa lacks a formal law school, the ASCC's Pre-Law program offers a pathway into the legal field. The territory's legal system is a distinctive fusion of U.S. law and Samoan traditions, providing a unique context for legal practice and education.
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