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 MandateArticle 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

• 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– Tax– Bankruptcy– Territorial– Military

Circuit Courts Map

Supreme Court

• Created by the Constitution

• Nine justices – appointed for life

• Original and appellate jurisdiction

• Can Affirm, Reverse or Remand

Judicial Review

• Marbury v. Madison (1803)

• Martin v. Hunter’s Lessee (1816)

Checks on the Court

• President

• Congress

Federal Judges

• 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– Counsel clients– Negotiate – Draft documents– Litigate

A Federal Case