Chap003

The Legal and Regulatory Environment of Business

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Chapter 03 - The Court System CHAPTER 3 THE COURT SYSTEM I. LEARNING OBJECTIVES The purpose of this chapter is to acquaint the students with the judicial process or the "rules of the game" so that they can appreciate the role of the courts in resolving disputes. The responsibilities of judges, jurors, and lawyers also are examined. The chapter will demonstrate the powers and functions of the courts and illustrate the many factors that make the outcome of any case unpredictable. Students will gain an understanding of the key personnel associated with the court system, how the court systems are organized and function, learn about the power of judicial review, and become familiar with background and judicial alignment of the current members of the U.S. Supreme Court. Finally, students will be exposed to a sample case from the U.S. Supreme Court, including the majority and dissenting opinions. II. REFERENCES Altschuler, Bruce and Celia Sgroi, Understanding Law in a Changing Society , Prentice Hall (1995). Berger, R., Federalism: The Founder's Design , University of Oklahoma Press (1987). Bradley, Craig M., The Rehnquist Legacy , Cambridge University Press (2006). Cardozo, The Nature of the Judicial Process , Yale University Press (1921). Domnarski, William, The Great Justices, 1941-54: Black, Douglas, Frankfurter and Jackson , University of Michigan Press (2006). Dionne, E.J. and William Kristol, Bush v. Gore: The Court Cases and the Commentary . Brookings Institution Press (2001). Douglas, William O., The Court Years , Random House (1982). Hansford, Thomas G., The Politics of Precedent on the U.S. Supreme Court , Princeton University Press (2006). Holmes, The Common Law (1938). Parry-Giles,Trevor, The Character of Justice: Rhetoric, Law, and Politics in the Supreme Court Confirmation Process , Michigan State University Press (2006). Toobin, Jeffrey, The Nine: Inside the Secret World of the Supreme Court , Anchor Books (2008). 3-1
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Chapter 03 - The Court System Yarbrough, Tinsley, The Rehnquist Court and the Constitution , Oxford University Press (2000). III. TEACHING OUTLINE PERSONNEL 1. Judges and Justices A. Emphasize : (1) The various methods used to select judges in your state and in the federal system. Note that federal judges and justices are appointed for life by the President with the advice and consent of the Senate. Have the students discuss merit versus political appointments to the bench. (2) The duties of a trial judge as contrasted with those of a reviewing court judge or justice. Have the students list the desirable qualities of each. Note the additional scholarship abilities required at the reviewing court level, especially the ability to write lucid opinions. (3)
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Chap003 - Chapter 03 - The Court System CHAPTER 3 THE COURT...

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