The CourtsSection 1: Sources of American LawKey Terms:- Judicial Review- The power of the Supreme Court or any court to hold a law or other legal action as unconstitutional - Common Law- Judge-made law that originated in England from decisions shaped according to prevailing custom. Decisions were applied to similar situations and gradually became common to the nation.- Precedent- A court rule bearing on subsequent legal decisions in similar cases. Judges rely on these in deciding cases.- Stare Decisis- To stand on decided cases; the judicial policy of following precedents established by past decisions- Statutes- laws enacted by legislatures- Case Law- Judicial interpretations of common-law principles and doctrines, as well as interpretations of constitutional law, statutory law, andadministrative lawSection Outline:- The government uses a body of judge-made law called Common Lawo developed under the same system as used when the Normans conquered England in 1066.  Used a compilation of judicial decisions from each year to create the “Year Books” which became the basis for judges future decisions- Judges use precedents set by previous cases to make decisions on caseso Stare Decisis (to stand on decided cases)- American las includes the Federal and state constitutions, statutes passedby legislative bodies, administrative law and case law- Constitutionso set forth the general organization, power, and limits of the governmento US constitution is the supreme law of the lando A law in violation of the constitution may be declared unconstitutional and therefore cannot be enforcedo State constitutions are supreme w/in their borders unless they conflict with the US constitution or federal laws and treatieso reliance on the constitution came from dissatisfaction with a weak federal government during the times of the articles of confederation (1781)- Statutes and Administrative Regulationso Statutes have become increasingly important in defining the rights and obligations of individualso Federal Statutes may relate to any subject that is a concern of the federal government may apply to areas ranging from hazardous waste to federal taxationo State statutes include criminal codes, commercial laws, and laws covering a variety of other matterso Cities, counties, and other local political bodies also pass statutes that are called ordinances  ordinances deal with such issues as zoning proposals and public safety o Rules and Regulations are another source of law issued by administrative agencies o much of the work of the courts involves interpreting laws and regulations and applying them to circumstances in cases before thecourts- Case Lawo Judicial interpretations of common-law principles and doctrines, as well as interpretations of constitutional law, statutory law, and administrative lawo It’s up to the courts to decide what a constitutional provision or statutory phrase means in doing so, the courts establish law- Judicial Reviewo The process for deciding whether a law is contrary to the mandatesof the constitution o Not mentioned in the constitutiono Marbury vs Madison- Established Judicial Review; stated that It is emphatically the province and duty of the judicial Department to saywhat the law is. Those who apply the rule to a particular case must, of necessity, expound and interpret that rule. If two laws conflict with each other, the courts must decide on the operation of each.o More state laws have been declared unconstitutional by the courts than federal laws in US historyo The Supreme Court can effectively define separation of powers between the branches by judicial reviewArtianna SingletonSection 2: The Federal Court SystemKey Termso Federal Question: A question that has to do with the U.S Constitution, acts ofCongress, or treaties. o Diversity of citizenship: Condition that exists when the parties to a lawsuit arecitizens of different states, or when the parties are citizens of a U.S. state and citizens or the government of a foreign country.o Trial court: Court in which trials are held and testimony is takeno General jurisdiction: Courts can hear cases involving a broad array of issues.o Limited jurisdiction: Courts can try cases involving only certain types of claims (tax claims or bankruptcy petitions)o Appellate Court: Court having jurisdiction to review cases and issues that were originally tried in lower courtso Litigate: To engage in a legal proceeding or seek relief in a court of law: to carry on a lawsuito Class-Action Suit: A lawsuit filed by an individual seeking damages for “all persons similarly situated.”o Writ of Certiorari: An order issued by a higher court to a lower court to send up the record of a case for reviewo Rule of Four: A U.S Supreme Court procedure by which 4 justices must vote to grant a petition for review if a case is to come before the full courto Oral Arguments: The verbal arguments presented in person by attorneys to an appellate court. Each attorney presents reasons to the court why the court should rule in her or his client’s favor.o Opinion: the statement by a judge or a court of the decision reached in a case. The opinion sets forth the applicable law and details the reasoning on which the ruling was based.o Affirm: to declare that a court ruling is valid and must stando Reverse: To annul or make void a court ruling on account of some error or irregularity o Remand: To send a case back to the court that originally heard ito Unanimous Opinion: A court opinion or determination on which all judges agree.o Majority Opinion: A court opinion reflecting the views of the majority of the judgeso Concurring Opinion: A separate opinion prepared by a judge who supports the decision of the majority of the court but who wants to make or clarify a particular point or to voice disapproval of the grounds on which the decision was madeo Dissenting Opinion: A separate opinion in which a judge dissents from (disagrees with) the conclusion reached by the majority on the court and expounds his or her own views about the case.Chapter Outline:-U.S has dual court system: state and federal-Federal court derives power from U.S Constitution Article III, Section 1-Organized according to congressional legislationBasic Judicial Requirements- Two requirements must be made before a case can be brought before a court: jurisdiction and standing to sue.- Jurisdictiono The authority of a court to decide certain cases. 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