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17 Cards in this Set
- Front
- Back
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US common law system |
-Based on English common law -**stare decisi - courts look to prior decision of courts on similar facts to reach conclusion |
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Overturning |
Only Supreme Court can over turn binding precedent or previous decision made |
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Hierarchy of authority , 1 |
US constitution, FEDERAL - statutes, treaties, Fed. Admin, federal common law-> STATE |
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Hierarchy of authority , 2 |
STATE- constitution, state statutes, state agency , state common law , second authority |
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Federal law |
If federal law contradicts CA law, then federal law applies |
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Legal duopoly |
Multiple statutory system or multiple court systems such as : Federal State |
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Federal court system 1 |
Three levels: 1. US district courts - lowest is the TRIAL |
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Federal court system 2 |
2. Court of appeals - APPELLATE |
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Federal court system 3 |
3. US Supreme Court - ultimate |
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District courts divided to Appellate district |
CALIFORNIA 9th circuit |
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Making Federal case |
Subject- right kind of case for the court to handle based on Question of Federal law or diversity , disputes btwn states or disputes btwn foreigners |
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California court system |
Three levels- TRAIL- county superior court (lowest ) APPELLATE courts- court of appeals (6 total districts in CA) ULTIMATE- CA Supreme Court |
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CA APPELLATE COURT |
- total of 6 appellate districts in CA - appellate court decision is binding |
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Admin. Regulations |
Federal agencies crest regulations - rule of law - far more than US code - Reg. Published each day in federal registry - collected and codified in CODE OF FEDERAL REG. |
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Code of federal regulations |
- published 1x year - 4 section published every 3 months * if problem with regulation then you must challenge the law |
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Law has two main purposes |
1. Provides guideline for decision making 2. It creates and enforces legal rights and duties |
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Federal govt |
Legislative Executive Judicial law |
