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The Judiciary > The American Legal System
The American Legal System
• Cases and the Law
• Types of Courts
• Federal Jurisdiction
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The Judiciary > The American Legal System
Cases and the Law
• Common law is created when a court decides on a case and sets precedent.
• The principle of common law involves precedent, which is a practice that uses
previous court cases as a basis for making judgments in current cases.
• Justice Brandeis established stare decisis as the method of making case law into
good law. The principle of stare decisis refers to the practice of letting past
decisions stand, and abiding by those decisions in current matters.
Louis Brandeis
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The Judiciary > The American Legal System
Types of Courts
• District courts and administrative courts were created to hear lower level cases.
• The courts of appeals are required to hear all federal appeals.
• The Supreme Court is not required to hear appeals and is considered the final
court of appeals.
• The Supreme Court may exercise original jurisdiction in cases affecting
ambassadors and other diplomats, and in cases in which a state is a party.
Supreme Court of the United States
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The Judiciary > The American Legal System
Federal Jurisdiction
• In the justice system, state courts hear state law, and federal courts hear federal
law and sometimes appeals.
• Federal courts only have the power granted to them by federal law and the
Constitution.
• Courts render their decisions through opinions; the majority will write an opinion
and the minority will write a dissent.
Federal district courts
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Appendix
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The Judiciary
Key terms
• appeal (a) An application for the removal of a cause or suit from an inferior to a superior judge or court for re-examination or
review. (b) The mode of proceeding by which such removal is effected. (c) The right of appeal. (d) An accusation; a process
which formerly might be instituted by one private person against another for some heinous crime demanding punishment for the
particular injury suffered, rather than for the offense against the public. (e) An accusation of a felon at common law by one of
his accomplices, which accomplice was then called an approver.
• common law A legal system that gives great precedential weight to common law on the principle that it is unfair to treat similar
facts differently on different occasions.
• federal system a system of government based upon democratic rule in which sovereignty and the power to rule is
constitutionally divided between a central governing authority and constituent political units (such as states or provinces)
• jurisdiction the power, right, or authority to interpret and apply the law
• precedent a decided case which is cited or used as an example to justify a judgment in a subsequent case
• stare decisis The principle of following judicial precedent.
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The Judiciary
Louis Brandeis
Brandeis developed the idea of case law and the importance of stare decisis. His opinion in New Ice Co. set the stage for new federalism.
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The Judiciary
Supreme Court of the United States
The modern supreme court.
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The Judiciary
Federal district courts
The federal district courts represent one of the ways federal jurisdiction is split.
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The Judiciary
Why is legal precedent the most important element in common
law?
A) It allows judges to separate similar cases without predicting their
outcome
B) It fosters a just and more equitable system of justice for all parties
involved in a case
C) It fosters a faster and more efficient system of justice for judges, clerks
and attorneys
D) It allows judges to categorize similar cases and predict their outcome
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The Judiciary
Why is legal precedent the most important element in common
law?
A) It allows judges to separate similar cases without predicting their
outcome
B) It fosters a just and more equitable system of justice for all parties
involved in a case
C) It fosters a faster and more efficient system of justice for judges, clerks
and attorneys
D) It allows judges to categorize similar cases and predict their outcome
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The Judiciary
Which of the following best describes the difference between the
federal district courts, federal court of appeals and the Supreme
Court?
A) The appellate courts operate under discretionary review, while the
Supreme Court operates under mandatory review
B) The federal courts grants writs of certiorari to hear cases, while the
appellate courts must have original jurisdiction given by Congress to hear
cases
C) The federal courts must have original jurisdiction given by Congress to
hear cases, while the appellate courts may grant writs of certiorari to hear
cases
D) The appellate courts operate under mandatory review, while the
Supreme Court operates under discretionary review
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The Judiciary
Which of the following best describes the difference between the
federal district courts, federal court of appeals and the Supreme
Court?
A) The appellate courts operate under discretionary review, while the
Supreme Court operates under mandatory review
B) The federal courts grants writs of certiorari to hear cases, while the
appellate courts must have original jurisdiction given by Congress to hear
cases
C) The federal courts must have original jurisdiction given by Congress to
hear cases, while the appellate courts may grant writs of certiorari to hear
cases
D) The appellate courts operate under mandatory review, while the
Supreme Court operates under discretionary review
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The Judiciary
Which of the following is true about the jurisdiction operated by
state and federal courts?
A) State courts may hear cases where federal jurisdiction can be
established
B) Federal courts only need personal jurisdiction over parties to hear
cases
C) Federal courts issue decisions containing the facts and legal
reasoning behind the final outcome
D) Trial courts may only hear claims and defenses by parties directly
involved with the case
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The Judiciary
Which of the following is true about the jurisdiction operated by
state and federal courts?
A) State courts may hear cases where federal jurisdiction can be
established
B) Federal courts only need personal jurisdiction over parties to hear
cases
C) Federal courts issue decisions containing the facts and legal
reasoning behind the final outcome
D) Trial courts may only hear claims and defenses by parties directly
involved with the case
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The Judiciary
Attribution
• Wikipedia. "Supreme court of the united states." CC BY-SA 3.0
http://en.wikipedia.org/wiki/Supreme_court_of_the_united_states
• Wikipedia. "United States federal courts." CC BY-SA 3.0 http://en.wikipedia.org/wiki/United_States_federal_courts
• Wiktionary. "appeal." CC BY-SA 3.0 http://en.wiktionary.org/wiki/appeal
• Wikipedia. "Federal jurisdiction (United States)." CC BY-SA 3.0 http://en.wikipedia.org/wiki/Federal_jurisdiction_(United_States)
• Boundless Learning. "Boundless." CC BY-SA 3.0 http://www.boundless.com//political-science/definition/federal-system
• Wiktionary. "jurisdiction." CC BY-SA 3.0 http://en.wiktionary.org/wiki/jurisdiction
• Wikipedia. "Precedent." CC BY-SA 3.0 http://en.wikipedia.org/wiki/Precedent#U.S._legal_system
• Wiktionary. "common law." CC BY-SA 3.0 http://en.wiktionary.org/wiki/common+law
• Wiktionary. "precedent." CC BY-SA 3.0 http://en.wiktionary.org/wiki/precedent
• Wikipedia. "stare decisis." CC BY-SA 3.0 http://en.wikipedia.org/wiki/stare%20decisis
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