Admin What is the purpose of the legal system and the courts?
They resolve disputes between people, companies and units of government. Often, courts are called on to uphold limitations on the government. They protect against abuses by all branches of government. They protect minorities of all types from the majority, and protect the rights of people who can’t protect themselves.
What are precedents and why are they so important to our legal and court system?
The Importance of Precedent. In a common law system, judges are obliged to make their rulings as consistent as reasonably possible with previous judicial decisions on the same subject. Each case decided by a common law court becomes a precedent, or guideline, for subsequent decisions involving similar disputes.
What role do the courts play in the law making process?
Statutory interpretation is the primary role of the judicial branch of government in the state lawmaking process. In fact, the courts are regularly called upon to interpret state statutes and regulations. Hence, all three branches of government play a role in developing state policy.
How did the court system develop?
The Judiciary Act of 1789, officially titled “An Act to Establish the Judicial Courts of the United States,” was signed into law by President George Washington on September 24, 1789. Article III of the Constitution established a Supreme Court, but left to Congress the authority to create lower federal courts as needed.
What is the role of courts in legal matters in South Africa?
The judicial authority in South Africa is vested in the courts, which are independent and subject only to the Constitution and the law. No person or organ of State may interfere with the functioning of the courts, and an order or decision of a court binds all organs of State and people to whom it applies.
How does the legal system work?
The American Court system is based on the English Common Law system. The basic idea is that there are two sides, the plaintiff and the defendant, who present their arguments before an impartial judge (and sometimes a jury). In a criminal case, the prosecutor acts as a plaintiff on behalf of the citizens or state.