chapter 5 sources of american law - cengage …（第五章美国法律的来源u2014u2014cengageu2026）.pdfVIP

Chapter 5 Sources of American Law Chapter Outline 1. Introduction 2. What Is the Law? 3. Primary Sources of American Law 4. Constitutional Law 5. Statutory Law 6. Administrative Law 7. Case Law and the Common Law Tradition 8. Basic Judicial Requirements 9. State Court Systems 10. The Federal Court System 11. Alternative Dispute Resolution Chapter Objectives After completing this chapter, you will know: • The meaning and relative importance in the American legal system of constitutional law, statutory law, administrative law, and case law. • What the common law tradition is and how it evolved. • The requirements that must be met before a lawsuit can be brought in a particular court by a specific party. • The types of courts that make up a typical state court system and the different functions of trial courts and appellate courts. • The organization of the federal court system and the relationship between state jurisdiction and federal jurisdiction. • The difference between remedies at law and equitable remedies. • The various ways in which disputes can be resolved outside the court system Chapter 5 The American Legal System Chapter Outline I. INTRODUCTION A. The American legal system is based on English common law. II. WHAT IS THE LAW? A. Law has been defined variously over the ages. B. Basically, law consists of a body of rules of conduct with legal force and effect, prescribed by the controlling authority of a society. III. PRIMARY SOURCES OF AMERICAN LAW A. The United States Constitution and the constitutions of the various states B. Statutory Law - including laws passed by Congress, state legislatures, and local governing bodies. C. Regulat