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The Courts & Legislation

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Jesse W. Raskin

on 11 September 2013

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Transcript of The Courts & Legislation

The Courts &

The Courts: Role and Structure
Legal Analysis
Brief: primary form of legal analysis for all legal professionals.
Check in: forum & prezi
The Courts
Legal Analysis

Recap: U.S. Law
Legislatures and courts both have responsibility for making law. The legislature has broad power to pass legislation, with general and forward looking impact. The courts create the common law by ruling on individual controversies raised by past actions and by interpreting legislation. Generally, legislation is superior to the common law except where the courts determine that legislation violates the Constitution.
Group Activities
Review Questions for Chapter 2
Assignment 2.1
Application 2.3
State and federal courts operate
, but have similar 3 - tier structures: trial courts, appellate courts, and courts of last resort.
, &
the law.
current controversies
on an
individual basis
to create
"common law" aka "case law."
3 purposes of legislation:
protective, remedial, & procedural
Group Activities
Review Questions for Chapter 3
Assignment 3.2, 3.3, 3.4

Congress has
power to
Legislation is subject to executive veto and judicial review
Generally, legislation is superior to common law. But...
Facts + Legal Issue (Question) + Law + Rule (Explanation & Answer)
Group Activities
Review Case Brief Format
Assignment 2.2 & 2.3
Brief EEOC case
Full transcript