Ch.1

Questão	Responda
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	Image: 1.gif (image/gif)
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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	Criado por samhenley22 mais de 11 anos atrás