bus 305 Chapter 4 BUS 305 Book Study Guide

bus 305 Chapter 4 BUS 305 Book Study Guide - Chapter 4 BUS...

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Chapter 4 BUS 305 Book Study Guide - There are fifty-two court systems: one for each of the fifty states and one for the District of Columbia, plus a federal system. - Federal courts are not superior to the state courts; they are simply an independent system of courts, which derives its authority from article III, section 2, of the U.S. Constitution. - Because of technological developments, court doctrines and procedures are being adapted to the needs of a cyber age. - American law includes: federal and state constitutions, statutes passed by legislative bodies, administrative law, and the case decisions and legal principles that form the common law and these laws would be meaningless without courts to interpret and apply them. - Judicial Review : The process for making a determination of whether the laws and actions of the other two branches are constitutional. Enables judicial branch to act as a check on the other two. - Although the power of judicial review was not mentioned in the constitution, it was emphasized in the essays of Hamilton and Madison during the adoption of the new constitution. In 1803, it was legally established after the decision in Marbury v. Madison. - Jursidiction : (Juris=law, diction=to speak) the authority of a court to hear and decide a specific action. *must have jurisdiction over the person against whom the suit is brought or over the property involved in the suit, as well as the subject matter. - Jurisdiction over Persons: generally a court can exercise personal jurisdiction over residents of a certain geographic area. Ex: A state trial court usually has jurisdiction over residents of a particular area of the state (county or district) while a state’s highest court (state supreme court) has authority over all residents within the state. -
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bus 305 Chapter 4 BUS 305 Book Study Guide - Chapter 4 BUS...

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