Chapter 14 - Judiciary US uses Common Law, where judges...

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Judiciary US uses “Common Law”, where judges settle disputes similar to ones that have been decided before. (The body of precedents) o Rather than legislative statue or executive decision The collection of discussions or the body of law to rendered is referred to as “Case Law” o Case Law includes judicial interpretation of common law principles Constitution says very little about the court system. o Article 3 specifies that the judicial power of the US shall be vested in one Supreme Court o Congress has authority to create lower federal courts o Jurisdiction – the authority of a court to hear a case Two Types of Courts o Courts of original jurisdiction are trial courts that hear a case for the first time, try it, and set forth a judgment on the law and facts o Courts of appellate jurisdiction review the decisions of lower courts that are appealed o Most courts only have one type of jurisdiction but Supreme Courts has both. Judiciary Act of 1789 – Supreme Court will consist of one chief justice and five associate justices. Set up federal court system. Also made Federal Law superior to State Law Marbury vs. Madison (1803) gave the courts power of judicial review. The
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Chapter 14 - Judiciary US uses Common Law, where judges...

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