POSC150 Lecture Notes - Lecture 10: Federalist No. 78, Appellate Jurisdiction, Precedent
30 Aug 2016
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Document Summary
Provide predictability: resolve conflict, reflect and enforce conformity to society"s values, distribute benefits and rewards society has to offer and allocate the costs of those good things. Primarily based on common law (based on british law) instead of civil law. Role of the judge more procedural rather than active. Based on precedent rather than codified law: adversarial instead of inquisitorial. Concerned more with the delivery of facts than finding the truth : americans are litigious: they like to argue in court and sue each other. Prescriptive and proscriptive content vs. the application process of the legal system. Criminal laws vs. civil laws (a way for people to get $) Crimes against the state (or society) vs. complaints individuals have against one another. Constitutional laws come from both state constitutions and the u. s. Statutory laws from legislatures, both the u. s. congress and state legislatures: administrative laws from bureaucracies and agencies, executive orders from presidents and governors.
