Assignment #1
Question 1: What is judicial review? How and when was the power of judicial review established?
a) Judicial review is the function of the judicial branch of the government that gives them the power to review and interpret the laws and decide whether the actions taken by the other two branches, executive and legislative, are in accordance with the law.
Similarly speaking, while the legislative branch (congress) makes the laws and the executive branch (president and its administration) enforces the laws, the judicial branch (supreme court) gets to review, scrutinized, and determine that any actions taken by the other branches is legal under the constitution. Otherwise, it will be deemed not enforceable.
In recent time, Supreme Court did a judicial review of the Affordable
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The trial court is where the case is first heard before the judge and the jury. It is where each opposing party to the case gets to present evidence through witnesses, records, and other documentations supporting their claim. As such, the focus of the trial court is on facts presented and the governing law or laws that applies to the case upon which decisions are made to settle the dispute.
In contrast, the appellate court is the next step up to the trial court. If either of the party to the lawsuit is not happy with the outcome at the trial court level, they can appeal the decision to the appellate court, where all evidence and testimonies submitted during the trial are reviewed (by judges, no juries) as well as the applicable rules and laws used as basis for determination or the trial court’s decision. Thus, unlike the trial court, the focus of the appellate court is to review for errors and ensure that the trial court applied the laws fairly and correctly.
Question 4: a) What is discovery, and b) how does electronic discovery differ from