Mod 1 Topic 1 - The Judiciary and Common Law Tradition Flashcards
The authority of courts to develop rules governing certain areas of law
Common Law
“To stand on decided cases”
Stare Decisis
The practice of deciding new cases with reference to former cases, or precedents
Stare Decisis
Based on statutes and legal codes.
Civil law
Independently develops laws in a geographical area
Civil Law
Spells out the rights and duties that exist between persons and their governments, as well as relief when a person’s rights are violated
Civil Law
Interprets the law(s) and apply them to specific situations
Judiciary
Resolves legal disputes
Judiciary
“The power to speak the law”
Jurisdiction
Authority to enact legislation and declare war, the right to confirm or reject many presidential appointments, and substantial investigative powers
Legislative Branch
The power to declare an act of the legislative or executive branch is unconstitutional
Judicial Review
- Governor nominates
- State legislator confirms
- Reflected election
The process used to choose Tennessee Judges