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Unit 4: Institutions

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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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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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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)

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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

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

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

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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

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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