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40 Cards in this Set
- Front
- Back
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3 Part Definition of Law |
Government Rule Prescribes Conduct Penalty if Violated |
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Why We Have Laws |
Keep the peace, status quo, preserve rights, protect minorities against majorities, promote social justice, resolve disputes, fairness, etc |
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Sources of Laws |
US Constitution Statutes Judicial Decisions Administrative Agencies |
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US Constitution |
supreme law, no others can go against it sets framework of government checks and balances bill of rights hard to change (2/3 house and senate, 3/4 states) vague |
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Statutes |
laws passed by elected officials detailed easier to change UCC |
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Judicial Decisions |
applies to parties of cases specific |
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Administrative Agencies |
state and federal level small field, experts extremely specific regulations |
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Ease of Changing Laws |
Hardest: Supreme Court Easier: Statutes Easiest: Administrative Agencies |
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How many courts based on England's old system? |
2, Law and Equity Had to choose a court to go dispute something |
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Court of Law, old system |
money and property |
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Court of Equity (fairness), old system |
required or prevented an action (interferes with liberty) |
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Categories of Law, broad |
Criminal and Civil |
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Criminal Law |
crimes, law and order, punish criminals, defendant presumed innocent |
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Crimes |
offense against society legislature decides what is a crime |
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Law and Order |
Law: prosecutors, courts, lawyers, public defenders Order: law enforcement, police, sheriff, etc |
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Civil Law |
compensate plaintiff, private parties suing plaintiff and defendant, contracts and torts no reasonable doubt, just likelyhood of proved |
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Torts |
wrongful action due to negligence or intentional |
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Can you have one issue in both courts? |
yes, ex OJ simpson innocent criminally, guilty civilly |
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2 main functions of courts |
decide facts of what happened decide which law applies |
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Judicial Review |
power to decide if a law is unconstitutional courts can throw out laws a check/balance |
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Types of Jurisdiction |
Subject Matter, Personal, Property |
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Jurisdiction |
authority of a court to hear and decide a case |
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Subject Matter Jurisdiction |
court have authority over the case, some courts can only do certain cases (ex bankruptcy, military) |
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Personal Jurisdiction |
courts have authority over parties location |
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Property Jurisdiction |
applicable to land location |
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22 Kinds of Courts |
Trial and Appellate |
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Trial Courts |
lowest level witnesses and parties that testify evidence presented lawyers, juries |
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Appellate Courts |
Appeals Review trial decisions only lawyers and judges |
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How Many Federal Courts? |
4 |
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Federal Courts |
Special Federal Federal District Federal Appellate US Supreme |
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Special Federal Courts |
limited in subject matter jurisdiction trial court military, tax, bankruptcy, etc |
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Federal District Courts |
basic trial court |
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Federal Courts of Appellates |
appellate court |
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US Supreme Court |
appellate court highest in land |
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Order of Federal Courts |
special or federal district appeals to appellate appeals to supreme |
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How many state courts? |
3 |
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Basic State Courts |
Limited Jurisdiction District Court Appellate Court |
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Limited Jurisdiction Courts |
small claims limited $ amount minor disputes (usually no lawyers) trial court "conciliation court" |
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State District court |
regular trial court |
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State Appellate Court |
can have 1 or two, depending on state |
