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Frage | Antworten |
Constitutional Law | The law expressed in the U.S. & State Constitutions. 1. U.S Constitution= Supreme law of the land 2. State Constitution= supreme within state boarders |
Statutory Law | Law (Statutes/ordinances) enacted by federal, state, and local legislatures and governing bodies. None of these laws may violate the U.S. Constitutions of relevant state constitutions. (When adopted by a state uniform laws become statutory laws) |
Administrative Law | The rules, orders, and decisions of federal, state, or local government administrative agencies. |
Case Law and Common Law Doctrines | Judse-made law, including interpretations of constitutional provisions, of statuets enacted by legislature, and of rehulations created by administrative agencies. |
Common Law | A body of general rules that applied throughout the entire English realm, Eventually became the tradition for the heritage of all nations. |
Remedies | The early way for a king to grant something to the person who wrong was done. 1. land 2. items of value 3. money This is now known as the Courts of Law (Refer to card) |
Courts of Law | The courts that award compensation to someone who wrong was done to. The compensation is called Remedies of Law- today these are usually Monetary damages. |
Chancellor, Courts of Equity Remedies in Equity | An advisor to the king, who had the power to grant new and unique remedies. -Eventually Courts of Equity were established, and the and remedies granted were remedies of equity |
Type of Remedies of Equity | 1. Specific Performance- ordering a party to perform an agreement as promised 2. Injunction- ordering a party to cease engaging in a specific activity or to undo some wrong injury 3. Rescission- the cancellation of a contracual obligation |
Equitable Maxims | Positions or general statements that of equitable rules that guide judges |
1. A Defense 2. A Defendant 3. Respondent | 1. A Defense- Arguement raised by the defendant 2. A Defendant- is the party being sued 3. A Respondent- the party being sued |
1. Plantiff 2. Petitioner | 1. Plantiff- The suing party 2. Petitioner- The party bringing the lawsuit |
Statutes of Limitations | Any law that places a time restriction during which a lawsuit must be brought to court or a crime must be prosecuted. |
Legal Precedent | a decision that furnished an example or authority fordeciding subsequent cases invloving identical or similar legal principles or facts |
Reporters/reports | Cases are published in volumes called reports |
Stare Decisis | Latin term meaning "To stand on decided cases" - It is the practice of deciding new cases with reference to former decisions, or precedents, and cases |
Binding authority | Any source of law that a court must follow when deciding a case (such as constitutions, statutes, and regulations) |
When there is no precedent | These cases are called "Cases of first impression" |
public policy | Governmental policy based on widely held societal values |
legal reasoning | The reasoning process used by judges in deciding what law applies to a given dispite and then applying that law to the specific facts or circumstances of the case, (There are 4 steps in legal reasoning) |
4 Steps of Legal Reasoning | 1. What are the key facts and issues? 2. what rules of law apply to the case? 3. how do the rules of the law apply to the particular facts and circumstances of the case? 4. what conclusion should be drawn? |
The plantiff alleges... | Means the plantiff claims that... |
normally judges try to find "cases on point" | previously decided cases that are as similar as possible |
LEGAL REASONING TYPE 1: Deductive Reasoning, sometimes called Syllogism | Meaning it has a logical relationship involving a major premise, a minor premise, and a concluison |
LEGAL REASONING TYPE 2: Linear Reasoning | Proceeds from one point to another...the final point being the conclusion |
LEGAL REASONING TYPE 3: Reasoning by Anology | Means they compare the facts of the case at hand to the facts of another case |
jurisprudence | involves learning about different schools of thought and discovering how the approaches to law characteristic of each school can effect judicial decision making |
The natural law theory | People believe that a higher or universal law exists that applies to all human being and that writtenlaws should iminate these inherent principles |
Theory of legal positivism | these people believe that there can be no higher law than a nation's positive law. There is no such thing as "natural rights" and humans exist soley bc of laws |
THe historical school of leagal thought | emphesizes the evolutionart process of law by concentrating on the origin and history of the legal sytem. This school looks into the past to discover what the principles of current time should be. |
Legal realism | is based on the idea that law is just one of many institutions in sociert and that it is shaped by social forces and needs |
Classifications of law: 1. Substantive law 2. Procedural law | 1. Substantive law- consists of all laws that define, describe regulate and create legalrights and obligations 2. Procedural law- consists of all laws that delineate the methods of enforcing the rights established by substantive law |
Civil law | A body of rules that delineate private rights and remedies, and govern disputes between individuals in such areas as contracts, property, and Family -private party sues another private party |
criminal law | the body of law that relates to crime. It regulates social conduct and proscribes threatening, harming, or otherwise endangering the health, safety of the public |
cyber law | body of law that governs transactions conducted by the internet |
How to find sources of law? By citations- used to identify the publications/case | 1. U.S Code or U.S.C: arranges all existing federal laws by broad subject (there are 50 subject, they each have a name and number) 2. State Code: follows the U.S.C arranging by subject. They can also be called codes, revisions, complications, consolidations, general statutes, or statutes. |
Two types of courts in the U.S.: Federal and State | levels of courts: 1. Trial courts- in wich evidence is presented and testimony given are on on the bottom tier 2. intermediate court= Court of appeals or Appellate court...then the higher courts 3. the state or U.S. supreme court |
How to read a citation Textbook Pg. 18-20 |
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1. Appellant 2. Appellee | 1. Appellant- party appealing the law 2. Appellee- party against who the appeal is taken |
titles of Judge and justice are used as the same | The judge aka the justice |
decisions and opinions | most desicions are met at reviewing or appellate courts and explained in written opinions. This includes the courts reasoning, the rules of law that apply, and the judgement |
types of opinions | 1. unanimous opinion 2. majority opinion-majority of the judges 3. concuring opinion- meaning the judge/justice agrees with the court 4. disserning opinion- one or more judges disagree with the majortiy 5. per curiam- "by the whole court" not indicating who authored the opinion |
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