The Nature and Sources of the Law
What is law?
Law is a system of rules created and enforced by a governing authority, such as the government, to regulate behavior and maintain order in society.
What is the difference between a trial court and an appellate court?
A trial court is where a case is initially heard, and facts are determined. An appellate court reviews the decisions made by trial courts, ensuring the law was applied correctly but does not re-examine factual evidence.
Who is the highest-ranking judicial authority in the U.S.?
The Chief Justice of the United States, who leads the U.S. Supreme Court.
What are the primary sources of law in the United States?
The primary sources of law are the U.S. Constitution, statutory law (legislation), administrative regulations, and case law (judicial decisions).
What is jurisdiction in the context of the court system?
Jurisdiction is the authority of a court to hear and decide a case. Courts must have both subject-matter jurisdiction (over the type of case) and personal jurisdiction (over the parties involved) to make a valid decision.
Which court hears cases involving federal law?
The United States District Courts hear cases involving federal law, while appeals go to the U.S. Courts of Appeals.
What is the difference between civil law and criminal law?
Civil law deals with disputes between individuals or organizations, typically involving compensation for harm. Criminal law involves the prosecution of individuals charged with offenses against society, with penalties such as fines or imprisonment.
What is a court's "venue"?
Venue refers to the geographical location where a case is heard. Generally, a case should be tried in the jurisdiction where the event occurred or where the parties reside.
What was the significance of Marbury v. Madison (1803)?
Marbury v. Madison established the principle of judicial review, giving courts the power to review and strike down laws that conflict with the Constitution.
What is the role of the judiciary in the legal system?
The judiciary interprets and applies the law in individual cases, ensures that laws comply with the Constitution, and resolves disputes between parties.
What is alternative dispute resolution (ADR)?
ADR is a process where parties resolve disputes outside the court system. It includes methods like mediation, arbitration, and negotiation, offering faster and often cheaper alternatives to litigation.
What did the Brown v. Board of Education decision (1954) establish?
The decision in Brown v. Board of Education declared state laws establishing separate public schools for Black and White students to be unconstitutional, ending racial segregation in schools.
What is stare decisis?
Stare decisis is the legal principle that courts should follow precedents, or previous judicial decisions, when making rulings in similar cases to ensure consistency and stability in the law.
What is the role of a mediator in a dispute?
A mediator is a neutral third party who facilitates discussions between parties in a dispute to help them reach a mutually acceptable agreement. Unlike a judge or arbitrator, a mediator does not have the authority to impose a decision.
Who is responsible for the principle of judicial review in the U.S.?
Chief Justice John Marshall, who established the principle of judicial review in the landmark case Marbury v. Madison (1803).