POL 102 Chapter Notes - Chapter 14: Lochner Era, Alexander Bickel, Precedent
Document Summary
Litigation: the conduct of a lawsuit; constant feature of american public life. Courts are the primary sites for settling public/private disputes. Mediation: a way of resolving disputes without going to court, in which a third party (the mediator) helps two or more sides negotiate a settlement. Law continues to play an important role in american pop culture, which portrays it in both idealistic and cynical terms. Us has judicial federalism; has 3 layers. Every state organizes its judicial system in it"s own way. District courts: the first level of federal courts, which actually try the cases. Each decision is based not on a statute but on previous judicial decisions. Circuit courts: the second stage of federal courts, which review the trial record of cases decided in district court to ensure they were settled properly. Marbury v. madison: supreme court asserted that they have the authority to overrule any act of congress that violates the constitution.