Ch2 PP4 Where Law Comes From (Judicial Branch) (3.4.08)

Ch2 PP4 Where Law Comes From (Judicial Branch) (3.4.08) -...

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Unformatted text preview: Ch. 2: Where the Law Comes Ch. 2: Where the Law Comes From From PP4. Judicial Branch (Case Law, PP4. Judicial Branch (Case Law, Courts, Judges) Courts, Judges) Legal Lesson Legal Lesson One place the law comes from is case One place the law comes from is case (common) law, which is law made by (common) law, which is law made by the courts (i.e., judges) the courts (i.e., judges) The courts are a complex legal The courts are a complex legal system with complex legal processes system with complex legal processes In Chapter 1, you already read a In Chapter 1, you already read a number of court cases: number of court cases: Roe v. Wade Roe v. Wade Arizona v. Graciano Arizona v. Graciano Daubert v. Merrell Dow Daubert v. Merrell Dow Pharmaceutical Pharmaceutical Ferrett v. General Motors Ferrett v. General Motors Kansas v. Hendricks Kansas v. Hendricks Gentry v. Gentry Gentry v. Gentry Settle estates Resolve disputes Interpret and apply existing law Decide which law controls a Particular case Preserve the distinction between gov’t branches Protect the rights of individuals Adjudicate alleged violations of criminal law Adjudicate the legality of a law Purposes of Court Cases Court Structure: The Hierarchy Court Structure: The Hierarchy Appellate Courts Trial Courts Specialized lower Courts Other Facts About Courts and Case Law • Common law (AKA case law) = Judge made law – Applies to opinions of judges in trial and appellate courts • Appellate courts and some trial courts are courts of record – A court of record is one where its proceedings are taken down and kept as a permanent official record C o u r t R e c o r d • Trial Courts are where cases are originally heard • The higher the court, the more important it is as precedent for future cases • Trier of Law = The Judge • Q: What does the Judge Do? •...
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This note was uploaded on 04/03/2008 for the course PSYC 277 taught by Professor Staff during the Spring '07 term at Arizona.

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Ch2 PP4 Where Law Comes From (Judicial Branch) (3.4.08) -...

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