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4 Cards in this Set
- Front
- Back
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Origins of American Law
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-Henry de Bracton (On the laws and Customs of England)
-created law system for england |
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Shire Reeves
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-like "sherriff"
-collective responsibility -one member does something illegal, the whole group pays the price |
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Sources of Contemporary
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1. US Constitution (1789 - Madison)
a. Separation of Powers with Checks and Balances (Baron Montesqieu) b. federalism (sharing of powers between levels of government) c. Bill of rights 2. State constitutions (subordinate to the U.S. constitution) 3. Statutes passed by legislatures (federal and state) 4. common law (made by the courts) 5. Administrative Law (made by federal agencies. |
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Analyzing the Decision of a Court (9 steps)
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1. style (plaintiff and defendant)
2. Citation 3. Legal Issue Presented 4. Holding 5. Rationale 6. Majority Opinion 7. Dissenting Opinion 8. Concurring Opinion 9. Dicta |
