American Courts, though vested with considerable Constitutional authority, are limited in power by the other branches of the government, the States to some extent, and the people. One of the Courts' principal functions is fact finding in every case upon which legal decisions are made.
a) Discuss how the political branches of government Congress and the President) serve as constraints or checks on judicial power. Use examples.
b) How have State governments (and their Courts) attempted to limit the power of the U.S. Courts ?
c) How do Courts "find facts"? In particular, what are the role of judges and juries in the fact finding process?
d) To what extent can and do Courts use social and economic information in reaching decisions? Give specific case examples.