An overview of the US legal system: sources of law, court structure, and how a case moves through the courts, for an intro college law course.
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- What is the primary written source of law in the United States?
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The Constitution- What is statutory law?
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Law enacted by legislative bodies such as Congress or state legislatures- What is common law?
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Law developed through court decisions and judicial precedent, rather than written legislation- What is administrative law?
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Rules and regulations created by administrative agencies under authority granted by statutes- What does the hierarchy of laws establish?
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The Constitution is supreme; federal law supersedes state law; state law supersedes local law- What is judicial review?
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The power of courts to declare laws or government actions unconstitutional- What is precedent in law?
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A prior court decision that serves as an authoritative rule for deciding similar future cases- What is stare decisis?
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The legal principle of following precedent and adhering to prior judicial decisions- How many levels comprise the federal court system?
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Three: district courts (trial level), appellate courts (appeals level), and the Supreme Court- What is the primary function of a trial court?
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To hear evidence, receive witness testimony, and render the first judgment in a case- What is the primary function of an appellate court?
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To review trial court decisions for legal errors and interpret the law- How many justices serve on the U.S. Supreme Court?
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Nine: one Chief Justice and eight Associate Justices- What is the role of the U.S. Supreme Court?
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To interpret the Constitution, serve as the final arbiter of federal law, and resolve disputes between states- What is jurisdiction?
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The legal authority of a court to hear and decide a particular case- What are the two types of jurisdiction required for a court to hear a case?
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Subject matter jurisdiction (power to hear that type of case) and personal jurisdiction (power over the defendant)
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