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==Functions of the judiciary in different law systems== In common law jurisdictions, courts interpret law; this includes constitutions, statutes, and regulations. They also make law (but in a limited sense, limited to the facts of particular cases) based upon prior [[case law]] in areas where the legislature has not made law. For instance, the [[tort]] of [[negligence]] is not derived from statute law in most common law jurisdictions. The term ''common law'' refers to this kind of law. Common law decisions set precedent for all courts to follow. This is sometimes called [[Precedent|''stare decisis'']]. ===Country-specific functions=== In the [[Courts of the United States|United States court system]], the [[Supreme Court of the United States|Supreme Court]] is the final authority on the interpretation of the federal Constitution and all statutes and regulations created pursuant to it, as well as the constitutionality of the various state laws; in the [[United States federal courts|US federal court system]], federal cases are tried in [[trial court]]s, known as the [[United States district court|US district courts]], followed by [[appellate court]]s and then the Supreme Court. [[State court (United States)|State courts]], which try 98% of [[litigation]],<ref name="ABACourtStructure">American Bar Association (2004). [http://public.findlaw.com/abaflg/flg-2-2a-4.html How the Legal System Works: The Structure of the Court System, State and Federal Courts] {{Webarchive|url=https://web.archive.org/web/20100716082358/http://public.findlaw.com/abaflg/flg-2-2a-4.html |date=16 July 2010 }}. In ''ABA Family Legal Guide''.</ref> may have different names and organization; trial courts may be called "courts of common plea", appellate courts "superior courts" or "commonwealth courts".<ref>[http://www.quickmba.com/law/sys/ The American Legal System] {{Webarchive|url=https://web.archive.org/web/20100213110318/http://www.quickmba.com/law/sys/ |date=13 February 2010 }}.</ref> The judicial system, whether state or federal, begins with a court of first instance, is appealed to an appellate court, and then ends at the court of last resort.<ref>Public Services Department. {{cite web |url=http://www.law.syr.edu/Pdfs/0Intro%20Court%20System.pdf |title=Introduction to the Courth system |publisher=[[Syracuse University College of Law]] |url-status=dead |archive-url=https://web.archive.org/web/20110727230318/http://www.law.syr.edu/Pdfs/0Intro%20Court%20System.pdf |archive-date=27 July 2011 }}</ref> In [[France]], the final authority on the interpretation of the law is the [[Council of State (France)|Council of State]] for administrative cases, and the [[Court of Cassation (France)|Court of Cassation]] for civil and criminal cases. In the [[China|People's Republic of China]], the final authority on the interpretation of the law is the [[National People's Congress]]. Other countries such as [[Argentina]] have mixed systems that include lower courts, appeals courts, a [[Court of cassation|cassation court]] (for criminal law) and a Supreme Court. In this system the Supreme Court is always the final authority, but criminal cases have four stages, one more than civil law does. On the court sits a total of nine justices. This number has been changed several times.
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