Procedural Law | Section 1.5

Fundamentals of Procedural Law by Adam J. McKee

Welcome to Section 1.5, where we will delve deeper into the fascinating world of the courts. This section has been designed to provide a comprehensive understanding of various key components that constitute the essence of our legal system.

We will start with an overview of the appeals process, shedding light on the pathway taken by a case when a party is dissatisfied with the decision of a lower court. From there, we move to an examination of “stare decisis,” a foundational principle in our legal system that highlights the power of precedence in shaping case law.

You will also learn about the “writ of habeas corpus,” a fundamental right in our constitution that protects against arbitrary arrest and detention. As we progress, we’ll differentiate between “holding” and “dictum”—two terms that define the legal impact of a court’s decision.

Jurisdiction, an essential concept that determines which court has the authority to hear a case, will also be carefully discussed. We will differentiate between federal and state courts, each with its own responsibilities and authority.

Next, we’ll introduce you to advisory opinions—a controversial yet interesting aspect of jurisprudence, providing a preemptive judicial viewpoint on legal questions. We will explore how these opinions, although not binding, can significantly influence legal interpretations.

We’ll conclude the section with a look at the profound effects of judicial decisions on society and the law. Finally, we will teach you how to analyze court cases, a critical skill for any student of law, allowing you to dissect and understand complex legal decisions.

This section presents a blend of conceptual explanations, practical examples, and engaging discussions, promising a thorough understanding of how courts function within our legal system. Let’s dive in and explore the captivating dynamics of the courts!

Modification History

File Created:  08/06/2018

Last Modified:  07/10/2023

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This work is licensed under an Open Educational Resource-Quality Master Source (OER-QMS) License.

Open Education Resource--Quality Master Source License



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