Test bank and solution of courts and alternative dispute resolution (1)
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Test bank and solution of courts and alternative dispute resolution (1)
Chapter 2Courts and Alternative Dispute ResolutionIntroductionDespite the substantial amount of litigation that occurs in the United States, the exper Test bank and solution of courts and alternative dispute resolution (1)rience of many students with the American judicial system IS limited to little more that some exposure to traffic court In fact, most persons have more experience with and know more about the executive and legislative branches of government than they do about the judicial branch. This chapter provid Test bank and solution of courts and alternative dispute resolution (1)es an excellent opportunity to make many aware of the nature and purpose of this major branch of our government.One goal of this text is to give studeTest bank and solution of courts and alternative dispute resolution (1)
nts an understanding of which courts have power to hear what disputes and when. Thus, the first major concept introduced in this chapter is jurisdictiChapter 2Courts and Alternative Dispute ResolutionIntroductionDespite the substantial amount of litigation that occurs in the United States, the exper Test bank and solution of courts and alternative dispute resolution (1)e emphasized at this point that the federal courts are not necessarily superior to the state courts. The federal court system is simply an independent system authorized by the Constitution to handle matters of particular federal interest.This chapter also covers alternatives to litigation that can b Test bank and solution of courts and alternative dispute resolution (1)e as binding to the parlies involved as a court's decree. Alternative dispute resolution, including online dispute resolution, is the chapter s thirdTest bank and solution of courts and alternative dispute resolution (1)
major topic.1© 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website. InwhoChapter 2Courts and Alternative Dispute ResolutionIntroductionDespite the substantial amount of litigation that occurs in the United States, the exper Test bank and solution of courts and alternative dispute resolution (1) this chapter are that most cases in the textbook are appellate cases (except for federal district court decisions, few trial court opinions are even published), and that most disputes brought to court are settled before trial Of those that go through trial to a final verdict, less than 4 percent ar Test bank and solution of courts and alternative dispute resolution (1)e reversed on appeal. Also, it might be emphasized again that in a common law system, such as the United States’, cases are the law. Most of the princTest bank and solution of courts and alternative dispute resolution (1)
iples set out in the text of the chapters represent judgments in decided cases that involved real people in real controversies.Chapter OutlineI. The JChapter 2Courts and Alternative Dispute ResolutionIntroductionDespite the substantial amount of litigation that occurs in the United States, the exper Test bank and solution of courts and alternative dispute resolution (1)e judiciary can decide, among other things, whether the laws or actions of the other two branches are constitutional. The process for making such a determination is known as judicial review.B.The Origins of Judicial Review in the United StatesJudicial review was a new concept at the time of the adop Test bank and solution of courts and alternative dispute resolution (1)tion of the Constitution, but it is not mentioned in the document. Its application by the United state Supreme Court came soon after the United StatesTest bank and solution of courts and alternative dispute resolution (1)
began, notably in the case of Marbury V Madison.Enhancing Your Lecture—©Marbury V. Madison (1803)©© 99In the edifice of American law, the Marbury V. Chapter 2Courts and Alternative Dispute ResolutionIntroductionDespite the substantial amount of litigation that occurs in the United States, the exper Test bank and solution of courts and alternative dispute resolution (1)s bid for reelection to the presidency to Thomas Jefferson in 1800. feared the Jeffersonians' antipathy toward business and toward a strong central government Adams thus worked feverishly to ‘pack" the judiciary with loyal Federalists (those who believed In a strong national government) by appointin Test bank and solution of courts and alternative dispute resolution (1)g what came to be called ‘midnight judges" just before Jefferson took office. All of the fifty-nine judicial appointment letters had to be certified aTest bank and solution of courts and alternative dispute resolution (1)
nd delivered, but Adams's secretary of state (John Marshall) had succeeded in delivering only forty-two of them by the time Jefferson took over as preChapter 2Courts and Alternative Dispute ResolutionIntroductionDespite the substantial amount of litigation that occurs in the United States, the exper Test bank and solution of courts and alternative dispute resolution (1)arbury and three others to whom the commissions had not been delivered sought a writ of mandamus (an order directing a government official to fulfill a duty) from the United States Supreme Court, as authorized by Section 13 of the Judiciary Act of 1789 As fate would have it, John Marshall had steppe Test bank and solution of courts and alternative dispute resolution (1)d down as Adams's secretary of state only to become chief justice of the Supreme Court. Marshall faced a dilemma. If he ordered the commissions deliveTest bank and solution of courts and alternative dispute resolution (1)
red, the new secretary of state (Madison) could Simply refuse to deliver them—and the Court had no way to compel action, because It had no police forcChapter 2Courts and Alternative Dispute ResolutionIntroductionDespite the substantial amount of litigation that occurs in the United States, the exper Test bank and solution of courts and alternative dispute resolution (1)bsite. Inwhole or In part.CHAPTER 2: COURTS AND ALTERNATIVE DISPUTE RESOLUTION 3Marshall simply allowed the new administration to do as it wished, the Courts power would be severely eroded.Marshall's DecisionMarshall masterfully fashioned his decision. On the one hand, he enlarged the power of the S Test bank and solution of courts and alternative dispute resolution (1)upreme Court by affirming the Courts power of judicial review. He stated. ‘It is emphatically the province and duty of the Judicial Department to sayTest bank and solution of courts and alternative dispute resolution (1)
what the law is. . . . If two laws conflict with each other, the courts must decide on the operation of each. . . . So if the law be in opposition to Chapter 2Courts and Alternative Dispute ResolutionIntroductionDespite the substantial amount of litigation that occurs in the United States, the exper Test bank and solution of courts and alternative dispute resolution (1) other hand, his decision did not require anyone to do anything. He stated that the highest court did not have the power to issue a writ of mandamus in this particular case. Marshall pointed out that although the Judiciary Act of 1789 specified that the Supreme Court could issue writs of mandamus as Test bank and solution of courts and alternative dispute resolution (1) part of its onginal jurisdiction, Article III of the Constitution, which spelled out the Court s original jurisdiction, did not mention writs of mandTest bank and solution of courts and alternative dispute resolution (1)
amus. Because Congress did not have the right to expand the Supreme Court s jurisdiction, this section of the Judiciary Act of 1789 was unconstitutionChapter 2Courts and Alternative Dispute ResolutionIntroductionDespite the substantial amount of litigation that occurs in the United States, the exper Test bank and solution of courts and alternative dispute resolution (1)ision, the power of judicial review has remained unchallenged. Today, this power is exercised by both federal and state courts. For example, as your students will read in Chapter 4. several of the laws that Congress has passed In an attempt to protect minors from Internet pornography have been held Test bank and solution of courts and alternative dispute resolution (1)unconstitutional by the courts. If the courts did not have the power of judicial review, the constitutionality of these acts of Congress could not beTest bank and solution of courts and alternative dispute resolution (1)
challenged in court—a congressional statute would remain law until changed by Congress. Because of the Importance of Marbury V. Madison in our legal sChapter 2Courts and Alternative Dispute ResolutionIntroductionDespite the substantial amount of litigation that occurs in the United States, the exper Test bank and solution of courts and alternative dispute resolution (1)U.S. (1 Crancii) 137. 2 L.Ed. 60 (1803).99 ©Enhancing Your Lecture-Chapter 2Courts and Alternative Dispute ResolutionIntroductionDespite the substantial amount of litigation that occurs in the United States, the experGọi ngay
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