Group 1 The Courts Melissa Vuocolo Joseph Reisigl Ellis Bunn Leon Tian Lydia Cordero Marcus Hill American Law consists of federal and state constitutions statutes that has been passed by legislative bodies administrative law and case law Most of American Law is derived from the English system specifically the common law tradition American Law is influenced by the English system due to the country s colonial heritage When England was conquered by the Normans the Normans unified the country by creating common sets of rules for the nation to abide by Yearly their judicial bodies would record the rulings of the most important court decisions in a Year Book Judges would then use decisions found in the Year Book to settle current disputes that were similar to the earlier cases Judges would only create new rules if their current case was unique from previous ones listed in the Year Book and even then they would still make their ruling based off of general principles suggested by earlier cases That system became known as common law As a result the practice of precedent deciding new cases in reference to former decisions became a core component of the English and American judicial systems The practice is embodied in the doctrine of stare decisis which is translated to to stand on decided cases The constitutions of the federal and state governments created the organization powers and limits of the governments The US Constitution is viewed as the supreme law of the land and any law that violates it is considered to be unconstitutional and cannot be enforced The state constitutions are similar because they act as the supreme law within their respective borders unless they conflict with federal laws Even though the English common law creates the basis for our civil and criminal legal structures statutes laws enacted by legislatures are key in defining the rights and obligations of individuals Federal statutes can express any subject that is a concern of the federal government State statues generally cover a variety of laws such as commercial laws and criminal codes Cities counties and other local political bodies pass statutes but they are referred to as ordinances Due to the country judicial system being based upon the common law tradition court decisions form an important body of law known as case law Case law includes common law principles and doctrines as well interpretations of statutes Ultimately it is up to the courts to determine what a constitutional provision or statutory phrase means Sources of American Law Precedent the practice of deciding new cases with reference to former decisions Stare decisis to stand on decided cases obligates judges to follow the precedents set previously by their own courts or by higher courts that have authority over them The U S constitution is the supreme law of the land and any law in violation of it cannot be enforced Statutes have become important in defining the rights and obligations of individuals Case law the decisions rendered by the courts which includes judicial interpretations of common law principles and doctrines constitutional provisions statutes and administrative agency regulations Judicial review the process for deciding whether a law is contrary to the mandates of the Constitution o It is not mentioned in the constitution but was established in Marbury v Madison The United States has a dual court system that includes state courts and federal courts There are 52 court systems in total A state court can exercise jurisdiction the authority of the court to hear and decide a case over the residents of a particular geographic area Federal question a question that has to do with the U S Constitution acts of congress or treaties A federal question provides a basis for federal jurisdiction Diversity of Citizenship the condition that exists when the parties to a lawsuit are citizens of different states or when the parties are citizens of a U S state and citizens or the government of a foreign country Diversity of citizenship can provide a basis for federal jurisdiction Trial court the court in which mot cases begin General jurisdiction exists when a court s authority to hear cases is not significantly restricted A court of general jurisdiction normally can hear a broad range of cases Limited jurisdiction exists when a court s authority to hear cases is restricted to certain types of claims such as tax claims or bankruptcy petitions Appellate court a court having jurisdiction to review cases and issues that were originally tried in lower courts Litigate to engage in a legal proceeding or seek relief in a court of law to carry on a lawsuit Class action suit a lawsuit filed by an individual seeking damages for all persons similarly situated The Supreme Court at Work The Supreme Court begins on the first Monday in October and usually adjourns in late June or early July of the next year Only a few cases are decided to have a special sessions maybe held after regular terms end The cases held in Supreme Court the decision they made that profoundly affect our everyday life Also Supreme Court can influence the nation s policies by issuing decisions in some types of cases and refusing to hear appeals in others thereby allowing lower court decisions to stand The court s appellate jurisdiction is almost entirely discretionary The courts can choose whatever cases they decide and they never explain why Factors that bear on the decision include whether a legal question has been decide differently by various lower courts and needs resolution by the highest court Another factor is whether the solicitor general is pressuring the court to take a case If the court decides to grant a petition for review it will issue a writ of certiorari The writ orders a lower court to send the Supreme Court a record of the case for review The Courts will not issue a writ unless at least four justices approve of it this is called the rule of four The Court normally does not hear any evidence as is true with all appeals courts the Court s consideration of a case is based on the abstracts the record and the briefs The attorneys are permitted to present oral arguments The justice meet to discuss and vote on cases on conferences held throughout the term When the Court has reached a decision its opinion is written The opinion contains the Court s ruling on the issues presented the reasons for its decision the rules of law that apply and the other information In many cases the