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Ch 14 Review Q's answered
Date Submitted: 04/09/2004 23:46:22
1) Describe four characteristics of the English common law tradition that formed the foundation of the American legal system. Explain the concept of case law and judicial review.
The common law tradition is based on:
*English legal system
*Innocent until proven guilty
*Judges- made law ,subjectively
*New law based on prevailing custom
*Precedent -Stare Decisis- the court make decision and the judge decision is precedent
Case Law- judge me law
Judicial Review- supreme court justices can
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Many times chief justice will write his own concurring opinion.
2. Strategic action of other justices- is intellectual persuasion and bargaining and making a deal. This is like leadership of chief of justice with a difference that is done by other justices. Other justices try to win by majority with bargaining and persuasion.
3. Ideology- is the most important factor. Ideology is very subjective. Judges' own belief, values, opinions, worldview affects the decision they make in court.
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