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KTR, Chapter 10

The American Legal System and the Courts

Ryan Burge

on 17 May 2016

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Transcript of KTR, Chapter 10

Why do we need a court system?
Provides Security
Provides Predictability
Conflict Resolution
Enforce Conformity
Distribute benefits and
allocate the costs of society
Stare Decisis
Judge is an impartial referee
Decisions applied uniformly across the country
Adversarial System
Inquisitorial System
Prosecution proves defendant guilty
Judge can ask clarifying questions only
Focus is on "who did it"
Jury decides "did defendant do it"
Judge controls the inquiry, police investigation
Different judge decides outcome of the case
Innocent until proven guilty
Assumption is the defendant is guilty
Why do American sue so much?
The courts will have..."no influence over either the sword or the purse, ...It may truly be said to have neither FORCE nor WILL, but merely judgment."
Judicial Review
Strict Constructionism
Judicial Interpretivism

Rule of Four
Full transcript