chapter 1 – business and personal law. judicial decisions in the american legal system, judicial...
TRANSCRIPT
Judicial DecisionsIn the American legal system, judicial (court)
decisions are primary sources of law, in addition to the Constitution, statutes, and regulations.
Structure of Courts covered in Chapter 2For our learning in Chapter 1, we look at
court decisions being somewhere our laws come from.
How the system worksU. S. has parallel court systems: federal and
stateBoth systems are divided into trial courts and
appellate courts. Trial courts determine the relevant facts of a
dispute and apply law to these facts, Appellate courts review trial court decisions
to ensure the law was applied correctly.
Court OpinionsCourt opinions create legal precedents that
guide judges in deciding similar future casesDecisions of the highest court in a court
system (ex. U.S. Supreme Court in the federal system) create "mandatory" precedent that must be followed by lower courts in that jurisdiction.
Similarly, intermediate appellate courts (such as the federal circuit courts of appeal) create mandatory precedent for the courts below them.