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13 Cards in this Set
- Front
- Back
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4 main legal systems |
Common- precedent set by judges Civil- private Social- no separation of powers Islamic- religion eye for an eye |
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3 Functions of the law |
Social control (rules, sanctions if rules are broken, officials interpret and enforce rules) Dispute settlement Social change |
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State courts |
1. Trial courts (district courts) Civil and criminal cases heard before jury 2. Appellate courts Review cases decided at trial court 3. Court of last resort( state supreme court) |
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Federal courts |
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What do courts do |
Adjudicate matters that come fourth |
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Dispute types in court |
Private(no govt) Public initiated (govt enforce) Public defendant (govt being sued) |
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4 participants in the court |
Litigants (2 types repeat players and one time shoters Lawyers( make the litigants complaints into legal disputes) JUDGES responsible for administration if court need to be impartial Jury - determines facts of the case |
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Legislative primary purpose |
Make law |
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Legislative activity for law making |
1.Instigation(get media attention) 2.Info gathering 3.Formulating ( specific legislative proposal) 4.Interest aggregation 5.Mobilization (putting pressure on ppl) 6.Modification( modify final compromises) |
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Participants of legislative law making |
Legislators The executive(give ideas for programs) (Act as catalysts) (Instrument law) Lobbyists (influence passage of legislation) |
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Executive law making |
Push stuff to get legislature to pass law Executive orders can be made but not the same power as law |
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Judicial law making |
Main task is adjudication Concerned with precedent (stare decisis) Law making by interpretation of statutes and constitution |
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Legislative made law vs judicial made law |
Legislative laws made by govt agencies Judge made based on precedent |
