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