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Unit 4: Institutions. A.Statutory Law: deals w/ written statutes (laws) B.Common Law C.Criminal Law: concerns violations of the criminal code, i.e.

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Presentation on theme: "Unit 4: Institutions. A.Statutory Law: deals w/ written statutes (laws) B.Common Law C.Criminal Law: concerns violations of the criminal code, i.e."— Presentation transcript:

1 Unit 4: Institutions

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3 A.Statutory Law: deals w/ written statutes (laws) B.Common Law C.Criminal Law: concerns violations of the criminal code, i.e. violations against society D.Civil Law: concerns disputes between two parties rather than violations against society Examples of civil law Examples of civil law

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5 A.Courts cannot reach out and “take” cases. Cases must come to them B.There must be an actual case (“controversy”) for a court to make a ruling. Courts cannot “create” cases

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7 A.Judges interpret the law and in doing so in fact make law. It is necessary that they make law because: 1.Broadly worded statutes 2.Const broadly worded 3.Thus- interpretation of statutes and the Const. is in effect making law: Some quotes: a) a)“the Supreme Court is the Constitution”- (Justice Felix Frankfurter) b) b)“The Supreme Court is a constitutional convention in continuous session”- (Woodrow Wilson)

8 B.Evidence of judicial law making 1.Courts vs. state law 2.Courts vs. federal law 3.The Supreme Court vs. itself 4.Political vs. Constitutional questions

9 A.E xclusive B.C oncurrent C.O riginal D.A ppellate

10 A. Dual system of courts: In our federal system we have both federal and state courts

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12 B.Article I (legislative or special) courts C.Article III (constitutional) courts Three levels of const. courts 1. District Courts 2. Court of appeals (Circuit Courts) 2. Court of appeals (Circuit Courts) 3.Supreme Court

13 1.Identify the three levels of the federal court system. Discuss the jurisdiction of each 2.Discuss the implications of the quote made by Woodrow Wilson-“The Supreme Court is a constitutional convention in continuous session”


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