LO-10Br AG Judiciary

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 rely on largely on the “common law tradition” Many legal systems are “inquisitorial” Some are “adversarial” America’s legal traditions Most nation-states have comprehensive codes Tradition dates back at least to Babylon’s Hammurabi 1
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Codes US relies primarily on Common law Judge made law Set precedent - stari decisis US also a Federal system – result is a dual court system Federal State Basic objective Maintain social order by providing 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 Controversies between 2 or more states Between a state and citizens of another state
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LO-10Br AG Judiciary - The Judiciary General Role of Law in...

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