1 - An Overview of the Judicial System

Abstract

Law is the set of rules that governs the conduct of individuals and entities in our society. This chapter discusses the American judicial system, including common law, equity, the role of case law, constitutional law, the American court structure, and an illustrative case anatomy. There are three principal sources of laws: federal and state constitutions, federal and state statutes, and the common law or judge-made law. Collectively these sources establish what is known as the law. The federal constitution is the product of a balance of power among the sovereign states in the late eighteenth century. It established the basic form of the federal government of the United States. It divides federal power among the three branches of government: the legislative, the executive, and the judicial. Limited power is granted by the sovereign states to the federal government and all power not expressly or implicitly granted to the federal government is reserved to the states. The constitution of the United States is the supreme law of the land, and individuals are protected under the Constitution and its amendments.