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QUERY: This is the question for each theme that is part of the course assignments. Students must write a brief (one page may be sufficient) answer to the Query. The goal is to demonstrate a basic understanding of each theme.
Stare Decisis (The Principle of Precedent, The Basis of the Common Law, Judge-Made law- Chapter 4 of Foundations of Law)
QUERY: What is the nature of a legal system based on a judicial elite which depends on prior judicial authority to decide new disputes and make new law?
The Adversarial Process (Trial by battle, are lawyers zealous champions or hired guns?)
QUERY: Is the adversary process the best way to settle disputes? Is it the best way to find the truth? To arrive at justice?
Jurisdictional Complexity (Fifty state and one federal court systems, not to mention law and equity, civil and criminal)
QUERY: What are the strengths and weaknesses of the multiplicity of American jurisdictions?
Trial and Appeal (A distinct hierarchy of courts and the rules they make)
QUERY: How does trial differ from appeal? What does the availability of appeal do to our system of law?
To submit an answer to a QUERY
Stare Decisis