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The Courts

The Courts. Latin Terminology. Stare decisis Writ of certiorari Amicus curiae Writ of mandamus Writ of habeas corpus. Adjudication. State of nature Tribal chief or warlord King’s law Courts Arbitration. Types of legal systems. Common Law Civil Law. Constitutional Mandate.

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The Courts

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  1. The Courts

  2. Latin Terminology • Stare decisis • Writ of certiorari • Amicus curiae • Writ of mandamus • Writ of habeas corpus

  3. Adjudication • State of nature • Tribal chief or warlord • King’s law • Courts • Arbitration

  4. Types of legal systems • Common Law • Civil Law

  5. Constitutional Mandate Article III The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behavior, and shall, at stated Times, receive for their Services a Compensation which shall not be diminished during their Continuance in Office.

  6. Sources of American Law • Federal and state constitutions • Statutes • Administrative regulations • Case law – the rules and principles announced in court decisions

  7. Structure of the Courts

  8. Inferior Courts • Circuit Court of Appeals • District Court • Specialized Courts of Limited Jurisdiction • Tax • Bankruptcy • Territorial • Military

  9. Circuit Courts Map

  10. Supreme Court • Created by the Constitution • Nine justices – appointed for life • Original and appellate jurisdiction • Can Affirm, Reverse or Remand

  11. Judicial Review • Marbury v. Madison (1803) • Martin v. Hunter’s Lessee (1816)

  12. Checks on the Court • President • Congress

  13. Federal Judges • Nominated by the president • Serve for life • Advice and Consent of the Senate • Senatorial Courtesy • ABA Rating

  14. Lawyers • 800,000 or 1 in 350 • 43% women; 17% minorities • Functions of lawyers • Counsel clients • Negotiate • Draft documents • Litigate

  15. A Federal Case

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