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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 1US District Courts- whole country is divided into 94 districts and each district has its own US district court This is the bottom level US district court has the following characteristics Trial court Similar to municipal court One judge and jury decides on the case Handles mister miners as well as felony and all civil cases 2US 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 3US 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 Federal Jurisdiction Jurisdiction is guideline for what criteria is used to determine whether federal or state court contains the following two questions 1Federal Question- When a case involves federal question like US constitution or federal law or three D the case will go to federal court 1Diversity of citizenship- The two side form a case are from 2 different state or 2 different
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