87765-piy-ch02-01.pdf_120413 - CHAP TER The Court System L...

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CHAPTER 2 The Court System LEARNING OBJECTIVES After reading this chapter, you should have a thorough understanding of the U.S. court system and how it affects the conduct of businesses and individuals. Specifically, you should be able to answer the following questions: 1. What role does each of the three branches of government play? 2. How do the other two branches of government balance the judiciary? 3. How are the state and federal courts structured? 4. What are the primary differences between trial and appellate courts? 5. How does the Supreme Court do its work? As you now know, laws are meaningless if they are not enforced. Companies have to make a barrage of decisions daily, from product development to marketing to strategies to maintain growth, but most of these are based on sound business acumen rather than legal requirements. If a company does violate a law, however, it must be held accountable. Typically, that accountability comes in the form of a lawsuit heard in court. Whether a suit is brought by a supplier, customer, employee, shareholder, or other stakeholder, litigation is a fact of life for companies. As future business professionals, being familiar with our court system will lay the foundation for your understanding of the litigation process. Personal PDF created exclusively for xiangyangxiao ([email protected])
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legislative branch Created by Article I of the Constitution at the federal level, this branch is responsible for drafting laws. executive branch Created under Article II of the Constitution, this is another name for the office of the president and its related agencies. judiciary Created by Article III of the Constitution and by various state constitutions and laws, this is the branch of government dedicated to the administration of justice. 1. THE THIRD BRANCH LEARNING OBJECTIVES 1. Understand the constitutional basis for the judicial branch. 2. Explore the differences among the three branches of government. 3. Learn about the chief justice’s role in judicial administration. 4. Explore the concept of judicial review. 5. Become familiar with how the other two branches check and control the judiciary. Under the federal Constitution, power is separated among three branches of government. Article I of the Constitution allocates the legislative power to Congress, which is composed of the House of Rep- resentatives and the Senate. Congress makes laws and represents the will of the people in doing so. Article II of the Constitution creates the executive power in the president and makes the president re- sponsible for enforcing the laws passed by Congress. Article III of the Constitution establishes a separ- ate and independent judiciary , which is in charge of applying and interpreting the meaning of the law.
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87765-piy-ch02-01.pdf_120413 - CHAP TER The Court System L...

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