INTA 1200 Chapter Notes - Chapter 10: Alexander Bickel, Federalist No. 78, Precedent
23 Sep 2017
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Chapter 10: the american legal system and the courts. Describe the role that law plays in democratic society. Conflict resolution: courts- institutions that sit as neutral third parties to resolve conflicts according to law. Reflect and enforce conformity to society"s values. Distribute the benefits and rewards society has to offer and to allocate costs of good things. Civil- law tradition- legal system based on detailed comprehensive legal code, usually created by legislature. Common law tradition: common- law tradition- legal system based on accumulated ruling of judges over time, applied uniformly- judge-made law, precedent- previous decision or ruling that in common-law tradition, is binding on subsequent decisions (stare decisis) The united states as an adversarial system: adversarial system- trial procedures designed to resolve conflict through clash of opposing sides, moderated by neutral, passive judge who applies law. Inquisitorial systems- trial procedures designed to determine the truth through intervention of active judge who seeks evidence and questions witnesses.
