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Presentation transcript:

Introduction to the American Legal System By Enika Schulze and Susan Patterson Copyright © 2006 by Pearson Education, Inc., Upper Saddle River, New Jersey 07458. All rights reserved.

Chapter 1 General Introduction to the Legal System Sources of American Law Laws of small towns and villages in England Common law Statutes Copyright © 2006 by Pearson Education, Inc., Upper Saddle River, New Jersey 07458. All rights reserved.

Chapter 1 General Introduction to the Legal System Substantive law Rights and duties of individuals Circumstances in which a court may address grievances Copyright © 2006 by Pearson Education, Inc., Upper Saddle River, New Jersey 07458. All rights reserved.

Chapter 1 General Introduction to the Legal System Procedural law Step-by-step mechanisms that must be followed How to gain access to the courts Prescribed conduct before and during trial How to enforce judgment Copyright © 2006 by Pearson Education, Inc., Upper Saddle River, New Jersey 07458. All rights reserved.

Chapter 1 General Introduction to the Legal System Criminal case Government brings action to determine if law is broken Copyright © 2006 by Pearson Education, Inc., Upper Saddle River, New Jersey 07458. All rights reserved.

Chapter 1 General Introduction to the Legal System Civil case Plaintiff brings action to seek redress Copyright © 2006 by Pearson Education, Inc., Upper Saddle River, New Jersey 07458. All rights reserved.

Chapter 1 General Introduction to the Legal System Constitution specified 3 independent branches of government: Executive Legislative Judicial Copyright © 2006 by Pearson Education, Inc., Upper Saddle River, New Jersey 07458. All rights reserved.

Chapter 1 General Introduction to the Legal System Role of Judiciary Reconfirming and strengthening existing law Widening or narrowing application of existing law Overturning existing laws that conflict with laws at a higher level of authority Copyright © 2006 by Pearson Education, Inc., Upper Saddle River, New Jersey 07458. All rights reserved.

Chapter 1 General Introduction to the Legal System Judge’s responsibilities Enforce rules of procedure Determine the facts Apply the law to the facts Copyright © 2006 by Pearson Education, Inc., Upper Saddle River, New Jersey 07458. All rights reserved.