1) Describe four characteristics of the English common law tradition that formed the foundation of the American legal system. Explain the concept of case law and judicial review.
The common law tradition is based on:
*English legal system
*Innocent until proven guilty
*Judges- made law ,subjectively
*New law based on prevailing custom
*Precedent -Stare Decisis- the court make decision and the judge decision is precedent
Case Law- judge me law
Judicial Review- supreme court justices can overrule the decisions made by president or congress
2) Outline the three-tiered model of the federal court system. What criteria determine jurisdiction for the federal courts?
The three-tiered model of the federal court system consists of:
1.U.S. District Courts- whole country is divided into 94 districts and each district has its own U.S. district court. This is the bottom level. US district court has the following characteristics:
*Similar to municipal court
*One judge and jury decides on the case
*Handles mister miners as well as felony and all civil cases
2.U.S. Court of Appeals- Circuits- has the following characteristics:
*Divided into circuit
*Has panel of judges
*Do not have trials, they simply review appeals to either overthrow or uphold decision
*Have the power to overthrow the state courts decision
3.U.S. Supreme Court- highest law nation- has the following characteristic:
*Consist of 9judges that are called justices. 8 justices and one chief of justice.
*Chief of justice presides over other justices and have a lots of influence on them, but he like all the other justices have one vote.
*They hear new cases rarely
Jurisdiction is guideline for what criteria is used to determine whether federal or state court contains the following two questions:
1. Federal Question- When a case involves federal question, like U.S. constitution...