what is the difference in function between sec. of state and attorney general

by Colby Schiller 4 min read

What is the role of the state Attorney General?

They advise and represent their legislature and state agencies and act as the “People’s Lawyer” for the citizens. Most are elected, though a few are appointed by the governor. Select your state to connect to your state attorney general's website.

How often does the Attorney General of each state meet?

The attorney general of each state also attends meetings where all the state attorneys convene, such as those of the National Association of Attorneys General, usually two to three times each year. They discuss issues relevant to all the attorneys general and listen to speakers talk about selected topics.

What is the role of the Secretary of State for law?

Furnish advice and opinions, formal and informal, on legal matters to the President and the Cabinet and to the heads of the executive departments and agencies of the government, as provided by law.

What is the difference between a legal assistant and a secretary?

As secretaries are sometimes referred to as administrative assistants, some people make the mistake of thinking that legal assistants are legal secretaries. In actuality, “legal assistant” is another term for “paralegal” according to the American Bar Association, the national professional paralegal associations and even the laws in some states.

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What is the function of the US Attorney General?

The principal duties of the Attorney General are to: Represent the United States in legal matters. Supervise and direct the administration and operation of the offices, boards, divisions, and bureaus that comprise the Department.

What is the most important duty of state Attorney General?

Enforcing federal and state environmental laws. Representing the state and state agencies before the state and federal courts. Handling criminal appeals and serious statewide criminal prosecutions. Instituting civil suits on behalf of the state.

Does the attorney general work in state or local government?

The Attorney General is both the legal adviser to state government branches and agencies and the legal representative of the public interest in that state. The State AG's Office represents the state in litigation.

What is the difference between Attorney General and solicitor general in the US?

noun, a law officer who maintains the rights of the state in suits affecting the public interest, next in rank to the attorney general. the chief legal officer in some states.

Does every state have an Attorney General?

43 states have an elected attorney general. Elected attorneys general serve a four-year term, except in Vermont, where the term is two years. Seven states do not popularly elect an attorney general. In Alaska, Hawaii, New Hampshire, New Jersey, and Wyoming, the attorney general is a gubernatorial appointee.

Can the state attorney general prosecute local cases?

Chapter 1, section 1.09, of the Penal Code provides that, “with the consent of the appropriate local county or district attorney, the Attorney General has concurrent jurisdiction with that consenting local prosecutor” to prosecute certain offenses, including: Misuse of state property or funds. Abuse of office.

Who is above the district Attorney?

In practice, district attorneys, who prosecute the bulk of criminal cases in the United States, answer to no one. The state attorney general is the highest law enforcement officer in state government and often has the power to review complaints about unethical and illegal conduct on the part of district attorneys.

How many Attorney generals are there in the US?

Of the 50 Attorneys General, 25 do not have a formal provision specifying the number of terms allowed. Of the 44 elected attorneys general, all serve four-year terms with the exception of Vermont, who serves a two-year term. 11 face a two term limit, otherwise unspecified.

Which officer of the state ensures that the state's money is spent legally by a state agency?

It is responsible for using audits to ensure that all state money is spent legally and properly. The auditor general was created by an act of the General Assembly in 1809. The auditor general was appointed by the governor until 1850, when it became an elected office.

Who is the top government lawyer?

The United States solicitor general represents the federal government of the United States before the Supreme Court of the United States....Solicitor General of the United StatesIncumbent Elizabeth Prelogar since October 28, 2021United States Department of JusticeStyleMr. or Madam Solicitor General9 more rows

Which is higher Solicitor General or Attorney General?

The Solicitor General of India is subordinate to the Attorney General for India. They are the second law officer of the country, assists the Attorney General, and is assisted by Additional Solicitors General for India.

What are the 4 key functions of the Solicitor General?

The major functions of the OSG are to: Conduct, or assign and supervise all Supreme Court cases, including appeals, petitions for and in opposition to certiorari, briefs, and arguments.

What is the job of a state attorney general?

Each state's attorney general is charged with the responsibility of enforcing the laws, as well as the ability to pass new legislation. The state attorney general also has the higher purpose of protecting the people of the state and their interests. Attorney general duties include providing consumer ...

How many times does the Attorney General meet with the Attorney General?

The attorney general of each state also attends meetings where all the state attorneys convene, such as those of the National Association of Attorneys General, usually two to three times each year. They discuss issues relevant to all the attorneys general and listen to speakers talk about selected topics.

How often do attorneys general meet?

The attorney general of each state also attends meetings where all the state attorneys convene, such as those of the National Association of Attorneys General, usually two to three times each year. They discuss issues relevant to all the attorneys general and listen to speakers talk about selected topics. AGs may also serve as officers of this and other legal organizations and on various committees established to accomplish specific goals.

Why do you need a bio for an attorney general?

Or if they are appointed to the job, they need an outstanding bio in order to be noticed for the appointment. The job of state attorney general isn't like jobs in private business, where employees receive performance reviews that may lead to a salary raise.

How long does it take to get a law degree?

Then, prospective lawyers take the Law School Admissions Test (LSAT) and apply to law schools. Finishing law school generally takes three years. Some states have minimum age requirements for their AGs, while others do not.

How long can an AG serve?

Many states set limits on how many years their AG can serve, with the norm being a maximum of eight years. Only Virginia does not set a limit on how long their AG can serve.

How many states have an AG?

Some states have minimum age requirements for their AGs, while others do not. In 43 states, the AG is elected by popular vote. In the other seven states, the AG is appointed by the state government.

What is the role of the Attorney General?

In June 1870 Congress enacted a law entitled “An Act to Establish the Department of Justice.” This Act established the Attorney General as head of the Department of Justice and gave the Attorney General direction and control of U.S. Attorneys and all other counsel employed on behalf of the United States. The Act also vested in the Attorney General supervisory power over the accounts of U.S. Attorneys and U.S. Marshals.

Who created the Office of the Deputy Attorney General?

Office of the Deputy Attorney General. On May 24, 1950, Attorney General J. Howard McGrath created the Office of the Deputy Attorney General (ODAG). The Deputy Attorney, appointed by the President with the advice and consent of the Senate, is the Department's second-ranking official and functions as a Chief Operating Officer;

When was the Office of the Associate Attorney General created?

The Office of the Associate Attorney General (OASG) was created by Attorney General Order No. 699-77 on March 10, 1977.

Who provides advice and opinions on legal matters?

Furnish advice and opinions, formal and informal, on legal matters to the President and the Cabinet and to the heads of the executive departments and agencies of the government, as provided by law.

What is the 2009 subsec. H?

Pub. L. 111–122 struck out subsec. (h), which directed the Attorney General to establish within the Criminal Division of the Department of Justice an Office of Special Investigations and to consult with the Secretary of Homeland Security concerning the prosecution or extradition of certain aliens.

Who has authority to enforce immigration laws?

The Attorney General shall have such authorities and functions under this chapter and all other laws relating to the immigration and naturalization of aliens as were exercised by the Executive Office for Immigration Review, or by the Attorney General with respect to the Executive Office for Immigration Review, on the day before the effective date of the Immigration Reform, Accountability and Security Enhancement Act of 2002.

What is the DACA guidance?

In 2012, during the Obama-Biden Administration, the Secretary of Homeland Security issued a memorandum outlining how, in the exercise of prosecutorial discretion, the Department of Homeland Security should enforce the Nation's immigration laws against certain young people. This memorandum, known as the Deferred Action for Childhood Arrivals (DACA) guidance, deferred the removal of certain undocumented immigrants who were brought to the United States as children, have obeyed the law, and stayed in school or enlisted in the military. DACA and associated regulations permit eligible individuals who pass a background check to request temporary relief from removal and to apply for temporary work permits. DACA reflects a judgment that these immigrants should not be a priority for removal based on humanitarian concerns and other considerations, and that work authorization will enable them to support themselves and their families, and to contribute to our economy, while they remain.

What is the role of the Secretary of State?

Duties of the Secretary of State. Under the Constitution, the President of the United States determines U.S. foreign policy. The Secretary of State, appointed by the President with the advice and consent of the Senate, is the President’s chief foreign affairs adviser. The Secretary carries out the President’s foreign policies through ...

What does the President do when he advises the President?

Advises the President regarding the acceptance, recall, and dismissal of the representatives of foreign governments; Personally participates in or directs U.S. representatives to international conferences, organizations, and agencies; Negotiates, interprets, and terminates treaties and agreements ;

What is the custody of the Great Seal of the United States?

These include the custody of the Great Seal of the United States, the preparation of certain presidential proclamations, the publication of treaties and international acts as well as the official record of the foreign relations of the United States, and the custody of certain original treaties and international agreements.

When was the Department of State created?

Created in 1789 by the Congress as the successor to the Department of Foreign Affairs, the Department of State is the senior executive Department of the U.S. Government. The Secretary of State’s duties relating to foreign affairs have not changed significantly since then, but they have become far more complex as international commitments multiplied.

What is the job of the Foreign Service?

Government to American citizens, property, and interests in foreign countries; Provides information to American citizens regarding the political, economic, social, cultural, and humanitarian conditions in foreign countries; Supervises the Foreign Service of the United States.

What happens if there is no Attorney General?

There is also a succession plan in place in the event there is no Attorney General due to absence or death, which allows the Deputy Attorney General to assume all powers and duties of the office. While the Deputy Attorney General would not be a confirmed Attorney General, they would have all of the powers of the office at hand as interim Attorney ...

When was the Office of the Attorney General created?

The Office of the Attorney General was created in 1789 and was intended to be a one-person position. The person in the position was supposed to be “learned in the law” and was tasked with conducting all suits in the Supreme Court and advising the president and cabinet in law-related matters.

How many times has Barr been Attorney General?

Barr has served as Attorney General twice, once during the George H.W. Bush administration from 1991 to 1993, and currently in the Trump administration. Barr has been consistent in his determination that the Executive branch claims absolute executive authority, contrary to our system of checks and balances.

What did Barr say about Mueller?

In a startling comment, Barr made late last year at the Attorney General’s Award for Distinguished Service in Policing, Barr stated that communities that fail to show the respect and support that law enforcement deserves, finally stating that these communities “might find themselves without the police protection they need.”

What does Barr believe about the executive branch?

Barr believes that congressional subpoenas and restrictions to the President’s removal power and legislative vetoes are encroachments on the power of the Executive branch . In addition, Barr has indicated he is willing to do whatever it takes to preserve the power of the Trump presidency, even if constitutional violations occur.

What was Barr's role in the Iran Contra scandal?

When Barr served as Attorney General in the Bush (41) administration, he orchestrated the pardons for six people caught up in the Iran-Contra scandal. The ACLU has concluded of Barr’s record in both private and public life that “Barr amassed a record of advancing policies that advocated dragnet government surveillance, mass incarceration, and discriminatory profiling while pushing an aggressive theory of expansive executive power that sidelines Congress’ constitutional role in checking the president.”

What is the Department of Justice?

The Department of Justice is responsible for most of the legal business of the government, and therefore, many of the law enforcement agencies throughout the country . There are six litigating divisions in the department: Antitrust.

What is an attorney general?

Attorneys-General in common law jurisdictions, and jurisdictions with a legal system which is partially derived from the common law tradition, share a common provenance.

What is the role of the Attorney General of Kenya?

In Kenya the Attorney General is the Principal Legal Adviser to the Government and ex officio Member of Parliament and Cabinet. His duties include the formulation of legal policy and ensuring proper administration of Kenya's legal system including professional legal education. Assisting the Attorney General in the performance of his duties as Principal Legal Adviser to the Government are:

What is the main legal advisor to the government?

In common law jurisdictions, main legal advisor to the government. In most common law jurisdictions, the attorney general or attorney-general (sometimes abbreviated AG) is the main legal advisor to the government. The plural is attorneys general. In some jurisdictions, attorneys general also have executive responsibility for law enforcement, ...

What is the mission of the Attorney General of Ireland?

The Mission of the Office of the Attorney General is to provide the highest standard of professional legal services to Government, Departments and Offices. The Attorney General of Ireland is the legal adviser to the Government and is therefore the chief law officer of the State.

When was the Attorney General of Tonga established?

The office of Attorney General was established in Tonga in 1988, and was held jointly with the portfolio of Justice Minister until the two were separated in 2009. The Attorney General is defined as the "Chief Legal Advisor to Government".

Who is a power of attorney?

The term was originally used to refer to any person who holds a general power of attorney to represent a principal in all matters. In the common law tradition, anyone who represents the state , especially in criminal prosecutions , is such an attorney.

Who is responsible for the administration of legal affairs in Trinidad and Tobago?

According to the Constitution of Trinidad and Tobago, the supreme law of the nation, The Attorney General shall be responsible for the administration of legal affairs in Trinidad and Tobago and legal proceedings for and against the State shall be taken— (a) in the case of civil proceedings, in the name of the Attorney General; (b) in the case of criminal proceedings, in the name of the State.

What is the role of the Secretary of State?

The United States Secretary of State executes nonmilitary and nonhomeland security aspects of foreign policy. The U.S. Secretary of State, as the head of the State Department, administers United States Embassies and their subsidiary units worldwide.

What does the Secretary of State keep?

The Secretary of State’s office also keeps official records and state documents, including the state constitution, legislative acts, executive orders, and regulations and interpretations of statutes. In a few states, the Secretary of State keeps track of civil records such as birth certificates, marriage certificates, ...

What is the name of the office that registers and authenticates business entities?

When you start a business, whether a sole proprietorship, partnership, LLC, or corporation, the Secretary of State’s office, sometimes called the Department of State, registers and authenticates business entities and trademarks. These state offices process, file, and maintain records related to business entities.

Who oversees the state museum?

The Secretary of State’s office has a wide range of responsibilities.

What is the difference between a legal assistant and a legal secretary?

A key difference in the role of legal assistants/paralegals and legal secretaries is that legal assistants/paralegals perform substantive legal work. Substantive legal work requires a depth of legal understanding and knowledge of procedural law. It is work that attorneys would have to perform themselves in the absence of their paralegals. According to the NFPA, substantive legal work requires the following: recognition, evaluation, organization, analysis, and communication of relevant facts and legal concepts.

How to become a legal secretary?

Legal secretaries must have excellent phone and computer skills and must be able to effectively perform a number of routine tasks at a moments notice: 1 Maintain calendars and schedules for a number of attorneys 2 Develop and maintain a comprehensive and organized billing system 3 Ensure all billable hours are accurately recorded 4 Understand the basics of a number of court documents, such as summons and subpoenas make travel arrangements 5 Arrange for the filing of court documents

What is an ABA paralegal?

A legal assistant or paralegal is a person, qualified by education, training or work experience who is employed or retained by a lawyer, law office, corporation, governmental agency or other entity and who performs specifically delegated substantive legal work ...

What is substantive legal work?

According to the NFPA, substantive legal work requires the following: recognition, evaluation, organization, analysis, and communication of relevant facts and legal concepts. Such work requires education and training.

What does "legal assistant" mean?

No matter the official definition, some individuals do use the term “legal assistant” to describe their legal secretaries. This makes it important for paralegal job candidates to be sure to clarify the duties and expectations of a position before accepting it.

Do legal secretaries answer phones?

In smaller law firms, it is also not unusual for legal secretaries to also answer phones and greet clients. Legal secretaries must have excellent phone and computer skills and must be able to effectively perform a number of routine tasks at a moments notice: Maintain calendars and schedules for a number of attorneys.

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Office of The Attorney General

  • The position of Attorney General was created by the Judiciary Act of 1789. In June 1870 Congress enacted a law entitled “An Act to Establish the Department of Justice.” This Act established the Attorney General as head of the Department of Justice and gave the Attorney General direction and control of U.S. Attorneys and all other counsel employed on behalf of the United States. Th…
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Office of The Deputy Attorney General

  • On May 24, 1950, Attorney General J. Howard McGrath created the Office of the Deputy Attorney General (ODAG). The Deputy Attorney, appointed by the President with the advice and consent of the Senate, is the Department's second-ranking official and functions as a Chief Operating Officer; 25 components and 93 U.S. Attorneys report directly to the Deputy and 13 additional component…
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Office of The Associate Attorney General

  • The Office of the Associate Attorney General (OASG) was created by Attorney General Order No. 699-77 on March 10, 1977. As the third-ranking official at the Department of Justice, the ASG is a principal member of the Attorney General’s senior management team. The major functions of the ASG are to: 1. Advise and assist the Attorney General and Deput...
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