The Courts
Latin Terminology
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Stare decisis
Writ of certiorari
Amicus curiae
Writ of mandamus
Writ of habeas corpus
Adjudication
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State of nature
Tribal chief or warlord
King’s law
Courts
Arbitration
Types of legal systems
• Common Law
• Civil Law
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.
Sources of American Law
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Federal and state constitutions
Statutes
Administrative regulations
Case law – the rules and principles
announced in court decisions
Structure of the Courts
Inferior Courts
• Circuit Court of Appeals
• District Court
• Specialized Courts of Limited Jurisdiction
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Tax
Bankruptcy
Territorial
Military
Circuit Courts Map
Supreme Court
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Created by the Constitution
Nine justices – appointed for life
Original and appellate jurisdiction
Can Affirm, Reverse or Remand
Judicial Review
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Marbury v. Madison (1803)
Martin v. Hunter’s Lessee (1816)
Checks on the Court
• President
• Congress
Federal Judges
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Nominated by the president
Serve for life
Advice and Consent of the Senate
Senatorial Courtesy
ABA Rating
Lawyers
• 800,000 or 1 in 350
• 43% women; 17% minorities
• Functions of lawyers
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Counsel clients
Negotiate
Draft documents
Litigate
A Federal Case