Chapter 2 - Courts And Alternative Dispute Resolution

Chapter 2 – The Court System

Practical Internet Exercise 2-1: Legal Perspective—Civil Procedure

Instructions: The Legal Information Institute (LII) at the Web site of Cornell University School of Law provides access to the Federal Rules of Civil Procedure and the Federal Rules of Evidence. Go to the LII at the URL listed below, and read the summary of the materials on civil procedure that is offered there.

Visit URL: Cornell Legal Information Institute http://topics.law.cornell.edu/wex/civil_procedure

Question and Answers Question 1: Give a brief definition of “civil procedure” and “civil trial.”

Question 2: How is “procedural law” different from “substantive law”?

Question 3: According to the overview, what makes a procedural system “good”? Do you think the United States has a “good” procedural system by this definition?

Question 4: In the American common law system, which party has the initial burden of proof? Practical Internet Exercise 2-2: Historical Perspective—The Judiciary's Role in American Government

Instructions: In the early years of this nation, during the debate over whether the Constitution should be ratified, a number of the founders wrote and published essays in favor of or against ratification. Those in favor of the Constitution, known as the Federalists, included Alexander Hamilton, James Madison, and John Jay. Essays written by these three men were later published as The Federalist Papers. In Federalist Paper No. 78, Hamilton wrote about the role of the judicial branch in the new government fashioned by the framers. To access this essay, go to the URL given below.

Visit URL: The Federalist Papers http://www.constitution.org/fed/federa78.htm

Questions and Answers Answer the following questions in the fields below.

Question 1: What were Hamilton's thoughts with respect to the lifetime tenure of federal court judges? Did he approve or disapprove of lifetime tenure?

Question 2: Why did Hamilton consider the judiciary to be the "weakest" and "least dangerous" branch of government? Do you think that this description of the federal judiciary remains true today?

Question 3: Find the paragraph beginning with the words, "The complete independence of the courts of justice . . . ." In this paragraph and the ones that follow, Hamilton essentially sets forth the theory of judicial review–the power of the courts to decide whether actions of the other branches of government are (or are not) consistent with the Constitution. Why does Hamilton believe that the courts should have this power?