Introduction to Common Law in the U.S.

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Questions and Answers

What is the primary source of law in the United States?

Administrative law developed by government agencies

Statutory law created by legislatures

Constitutional law established by the Supreme Court

Common law derived from judicial decisions (correct)

What role do precedents play in the common law system?

They are only used in criminal cases.

They resolve ongoing litigation and guide future decisions. (correct)

They are only applicable to cases decided by higher courts.

They replace the need for statutory law.

What type of courts are described as courts of original jurisdiction?

Appellate courts that review cases from lower courts

Courts where litigation begins and initial decisions are made (correct)

Courts that handle cases involving federal law only

Courts that only deal with international disputes

Which statement best describes courts of inferior jurisdiction?

They have limitations on the types of cases and damages they can hear. Signup and view all the answers

What is a characteristic of informal proceedings in courts like small claims courts?

Litigants often represent themselves without lawyers. Signup and view all the answers

Under the doctrine of precedent, how should judges resolve litigation?

By considering similar past case resolutions. Signup and view all the answers

What is true regarding the status of a judge's decision once a case is resolved?

It becomes law and serves as precedent for future cases. Signup and view all the answers

Which type of cases are typically heard in courts of inferior jurisdiction?

Misdemeanor cases and limited civil disputes Signup and view all the answers

What is the role of the trier of fact in a trial court?

To determine the facts of the case Signup and view all the answers

In which jurisdiction do trial courts operate primarily?

General jurisdiction, covering all subject matters Signup and view all the answers

What happens if a case is not resolved by pre-trial motions?

It proceeds to trial Signup and view all the answers

What distinguishes a criminal case from a civil case in trial courts?

Criminal litigation is brought by the state Signup and view all the answers

What is the primary purpose of appellate courts?

To review the decisions of lower courts for errors Signup and view all the answers

Who is typically referred to as the appellant in an appellate case?

The party who loses and seeks an appeal Signup and view all the answers

What type of decisions do appellate courts usually review?

Final decisions made by trial courts Signup and view all the answers

What is the typical structure of appellate courts in most states?

Two levels: intermediate and highest court Signup and view all the answers

What might happen if a trial court grants a motion that negates the need for a trial?

The case may be dismissed without a full trial Signup and view all the answers

Who is responsible for providing evidence and witness examination during a trial?

The attorneys representing the parties Signup and view all the answers

Study Notes

Common Law System in the United States

The U.S. operates under a common law system where law is derived from judges' written decisions.
Common law is essentially judge-made law; it evolves from litigation outcomes.
Judges are empowered to resolve disputes through statutes or constitutional provisions.
Decisions by judges become legal precedents, guiding future similar cases.

Role of Precedents

Precedents serve two key functions: resolving current litigation and being available for future cases.
The doctrine of precedent compels judges to consider previous decisions when adjudicating similar controversies.

Courts of Original Jurisdiction

Courts where litigation initiates are referred to as courts of original jurisdiction.
Courts of inferior jurisdiction handle limited types of cases, often for misdemeanors or small claims.
These courts may be informally run, with self-representation common, and their decisions lack precedent value.

Trial Courts

Trial courts are usually courts of general jurisdiction and can hear various subjects, including civil and criminal cases.
Civil cases involve private parties as plaintiffs and defendants, unlike criminal cases which are prosecuted by the state.
A trial court is presided over by a single judge, who determines the case facts with the help of a jury or through direct evidence.

Case Resolution Process

Facts are determined from evidence, witness exam, and party admissions—an example includes establishing vehicle speed.
Decisions can be made without a trial via pre-trial motions accepted by the judge, preventing further litigation.
Written documents such as trial briefs assist in presenting legal arguments to the court.

Appellate Courts

After trial, the losing party can appeal to a higher court, with the appellant seeking a review of the trial court's decision.
The appellate court reviews for significant errors that may warrant a reversal or modification of the decision.
Typically, there are two levels of appellate courts: intermediate appellate court and the highest court of appeals (often called the state Supreme Court).
The intermediate court reviews trial court decisions, while the highest court handles specific direct appeals and has final say on matters.

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Description

This quiz explores the fundamentals of common law in the United States, focusing on how judges create law through their decisions and the concept of legal precedents. Understand the role of judges in the legal system and the implications of their rulings on future cases. Test your knowledge on the unique features of the common law system in a federal context.