Lecture 13 Judiciary - Judiciary PLSC 112 Lecture 12 The...

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Judiciary PLSC 112 Lecture 12 The Origins and Sources of American Law *The Common Law Tradition *Precedent Derives From Early English Courts *Stare decisis (“To Stand On Decided Cases”) *Precedents can be overturned (Brown Desegregation Case) The Origins and Sources of American Law (cont’d) *Sources of American Law *Constitutional Law * Statutory Law (enacted by legislative bodies) * Administrative Law (government agencies) * Case Law (announced in court decisions) The Origins and Sources of American Law, (cont.) *Civil Law and Criminal Law *Civil-private party usually sues another private party *Criminal – “wrongs committed against public as a whole” The Origins and Sources of American Law, (cont.) *Basic Judicial Requirements *Jurisdiction (“to speak the law”) is “authority of a court to hear and decide a case” *Federal question—U.S. Constitution, Acts of Congress, or Treaties *Diversity of citizenship—different states/countries involved; more than $75,000 involved
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