LO-10Br+AG+Judiciary - The Judiciary General Role of Law in...

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The Judiciary General Role of Law in Democratic Societies o Provide for security, predictability, conflict resolution o o o Allocate costs (determine who pays) for the benefits & rewards distributed Judicial Systems in modern Democratic countries reflect judicial traditions/culture Vary in structures/selection of judges Less power than Executive or Legislative branches Many countries follow “civil law tradition” Some (like US) rely on largely on the “common law tradition” Many legal systems are “inquisitorial” Some (like US) are “adversarial” America’s legal traditions Most nation-states have comprehensive codes 1
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Tradition dates back at least to Babylon’s Hammurabi Codes US relies primarily on Common law Judge made law Accumulated rulings over time Set precedent - stari decisis (stand by a previous decision) US also a Federal system – result is a dual court system Federal State Basic objective Maintain social order by providing Equal treatment Equal access Federal System: Art III of US Constitution Establishes US Judiciary Judicial power extends to all cases in Law and Equity affecting Ambassadors, other public Ministers and Consuls of Admiralty and Maritime jurisdiction Controversies to which the US is a party
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This note was uploaded on 04/28/2009 for the course INTA 1200 taught by Professor Birchfield during the Spring '08 term at Georgia Institute of Technology.

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LO-10Br+AG+Judiciary - The Judiciary General Role of Law in...

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