13,14,15 cornell - Chapter 13 Cornell Notes The Common Law...

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Unformatted text preview: Chapter 13 Cornell Notes The Common Law Tradition- American law stems from English legal tradition. Unlike many other countries, English law is based on common law. Common law is judge-made law based initially on the prevailing custom and eventually on legal precedent . Common law is based on stare decisis , which means to stand on decided cases. If a legal situation occurs that has previously been decided, the decision in the initial case is binding on the current situation. The major advantages to this type of system are efficiency and stability. Development of the Courts Role in Government-Judicial Review-Marbury v. Madison-National Supremacy The Warren Court-Outlawed official racial segregation in public schools-Set strict national standards to protect the rights of criminal defendants-Required the equal appointment of state legislatures and the house of the representatives The Burger Court-Narrowed the reach of the Fourth Amendments protections against unreasonable search and seizure-Restored the death penalty-Most decisions shifted toward the conservative, yet, any of its decisions still protected individual liberties and minority groups. Summary Our law system comes from the English legal tradition of common law. Marbury v Madison and Warren and Burger helped created additional human rights and Judicial Review protects those rights. Chapter 13 Cornell Notes The Rehnquist Court -By 1988, the Court shifted in a conservative direction, giving public school officials the right to censor school newspapers and plays-The Court ade it difficult for workers to sue employers for discrimination Sources of American Law-Constitutions-Statutes and Administrative Regulations-Case Law Federal Court System-Basic Judicial Requirements-The Constitution says that the federal courts have jurisdiction in cases that meet one of the following criteria-case involves federal question- case involves diversity of citizenship Types of Federal Courts-US district courts-US courts of appeals-US supreme Court-Specialized federal courts and the war on terrorism Parties and Procedures-Plaintiff-Defendant-Litigate Summary Plaintiff, the person or organization that initiates a lawsuit. Defendant, the person or organization against whom the lawsuit is brought. Litigate, to engage in a legal proceeding or seek relief in a court of law; to carry on a lawsuit....
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This note was uploaded on 12/21/2011 for the course ECON 101 taught by Professor Higgins during the Spring '11 term at University of Nevada, Las Vegas.

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13,14,15 cornell - Chapter 13 Cornell Notes The Common Law...

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