The Courts Section 1 Sources of American Law Key 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 and administrative law Section Outline The government uses a body of judge made law called Common Law o 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 cases o Stare Decisis to stand on decided cases American las includes the Federal and state constitutions statutes passed by legislative bodies administrative law and case law Constitutions o set forth the general organization power and limits of the government o US constitution is the supreme law of the land o A law in violation of the constitution may be declared unconstitutional and therefore cannot be enforced o State constitutions are supreme w in their borders unless they conflict with the US constitution or federal laws and treaties o reliance on the constitution came from dissatisfaction with a weak federal government during the times of the articles of confederation 1781 Statutes and Administrative Regulations o Statutes have become increasingly important in defining the rights and obligations of individuals o 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 taxation o State statutes include criminal codes commercial laws and laws covering a variety of other matters o 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 the courts Case Law o Judicial interpretations of common law principles and doctrines as well as interpretations of constitutional law statutory law and administrative law o It s up to the courts to decide what a constitutional provision or statutory phrase means in doing so the courts establish law Judicial Review o The process for deciding whether a law is contrary to the mandates of the constitution o Not mentioned in the constitution o Marbury vs Madison Established Judicial Review stated that It is emphatically the province and duty of the judicial Department to say what 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 history o The Supreme Court can effectively define separation of powers between the branches by judicial review Artianna Singleton Section 2 The Federal Court System Key Terms o Federal Question A question that has to do with the U S Constitution acts of Congress or treaties o Diversity of citizenship 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 o Trial court Court in which trials are held and testimony is taken o 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 courts o Litigate To engage in a legal proceeding or seek relief in a court of law to carry on a lawsuit o 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 review o 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 court o 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 stand o 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 it o 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 judges o 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 made o 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 legislation Basic Judicial Requirements Two requirements must be made before a case can be brought before a court jurisdiction and standing to sue Jurisdiction o The authority of a court to decide certain cases Not all courts have the authority to decide all cases o Supreme Court has jurisdictional author over all resident within