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REE 3433 Chapter 1
Exam of 9 pages for the course TAX 4001 at TAX 4001 (REE 3433 Chapter 1)
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REE 3433 Chapter 1Circuit Courts - ANS-"Circuit Courts"
King Henry II instituted the custom of having judges ride around the countryside ("ride
circuit") each year to hear appeals, rather than forcing everyone to bring their appeals to
London. Thus, the term "circuit court is derived from the practice of having judges ride
around the countryside each year on pre-set paths to hear cases. Especially on the
United States frontier, a judge might travel alone on horseback along with a group of
lawyers. Abraham Lincoln was one such attorney who would ride the circuit in Illinois. In
more settled areas, a stagecoach would be used.
http://en.wikipedia.org/wiki/Circuit_court
Civil Law System - ANS-Civil Law System
Older system: Dates back millennia.
Based on comprehensive "codes."
Codex Hamurabi (1700BC)
"An eye for an eye"
Codex Justianus (529AD)
Code Napoléon (1804)
Predominant system.
"Systematic"
"Code of conduct"
Common Law System - ANS-Common Law System
Newer.
Origins in England
Norman Invasion (1066)
Magna Carta (1215).
Authority divested from king and passed to legislature and to judiciary.
Like Civil Law System, statutes and rules, but less "systematic," allowing for more
judicial interpretation.
Fed Law - Rules - ANS-"Administrative Law"
Regulations promulgated by agencies
, Code of federal Regulations (CFR)
Fed Law - Statutes - ANS-Public Laws of the United States
-Enacted by US Congress
-Published in US Code
-Internal Revenue Code, codified at 26 USC in 1939.
-Bankruptcy Code, enacted in it's current form in 1978, codified at 11 USC.
-Real Estate Settlement Procedures Act (RESPA), codified at 12 USC §2601, et seq. in
1974.Fair Housing Act, codified at 42 USC §3601, et seq. in 1968 as part of Civil Rights
Act of 1968.
Fed Law - Us Constitution "The Commerce Clause" - ANS-The congress shall have
power to regulate commerce with foreign Nations and among the several States, and
with the Indian Tribes.
Federal Judiciary ( Court Location) - ANS-1.US Supreme Court, Washington, DC
2.11th US Circuit Court of Appeals, Atlanta, GA
3.US District Court, Middle District of Florida, Orlando, FL
Federal Judiciary Hierarchy - ANS-1. US Supreme Court
- Highest Court in the federal system
- Nine Justices, meeting in Washington D.C.
-Appeals jurisdiction over some cases
- Limited original jurisdiction over some cases
2. Courts of Appeals
- Intermediate level in the federal system
- 12 Regional "circuit" courts, including D.C. Circuit
- No original jurisdiction; strictly appellate
3. District Courts
- Lowest level in the federal system
- 94 judicial districts in 50 states & territories
- No appellate jurisdiction
- Original jurisdiction over most cases
Federal Law hierarchy - ANS-1. Constitution
2. Statutes
3. Rules
Jurisdiction - ANS-Jurisdiction (from the Latin ius, iuris meaning "oath" and dicere
meaning "to speak") is the practical authority granted to a formally constituted legal
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