L203 Ch 1-5

Front 1

subject matter jurisdiction

Back 1

courts power to decide the type of dispute involved in the case

Front 2

jurisdiction

Back 2

court's power to hear a case and to issue a decision binding on the parties

Front 3

Procedural law

Back 3

controls the behavior of government bodies (mainly courts) as they establish and enforce rules of substantive law

Front 4

in rem jurisdiction

Back 4

court determines rights in property even if the persons whose rights ar affected are outside the state's in personam jurisdiction

Front 5

courts of limited jusrisdiction (inferior or special jusrisdiction)

Back 5

Justice of peace courts, traffic courts, probate courts, and small claims courts

Front 6

Natural Law

Back 6

all commands of recognized political authorities that are no unjust
-"unjust law is not law"
Unjust positive laws should not be enforced and obeyed

Front 7

American Legal Realism

Back 7

What public decisionmakers actuallly do
"Law in action" often more important tha "law in the books"

Front 8

Sociological Jurispurdence

Back 8

process of social ordering in accordance with dominant social values and interests
-"although moral values influence positive law, no way to say whether this is right or wrong"
-Law inevitable does (and should?) follow dominant social values and interests

Front 9

civil law

Back 9

mainly concerns obligations that private parties owe to other private parties

Front 10

Ordinances

Back 10

enactments of municipalities
(ex. zoning ordinances)

Front 11

stare decisis

Back 11

let the decsion stand
used in common law

Front 12

Treaties

Back 12

made by the president with foreign governments and approved by two-thirds of the U.S. Senate. (invalidate inconsistent state and sometimes federal laws)

Front 13

Executive orders

Back 13

made by President or State Governor and normally results from a legislative delegation

Front 14

Statutes

Back 14

Laws created by Congress or a state legislature

Front 15

Common Law

Back 15

(Judge made law/ case law)
law made and applied by judges as they decide cases not governed by statutes or other types of law

Front 16

private law

Back 16

establishes a frame work of legal rules that enables private parties to set the rights and duties they owe each other. (contract, property, and agency)

Front 17

in personam jurisdiction

Back 17

based on the residence, location or activities of the defendant (must be in state)

Front 18

Criminal law

Back 18

law under which the government prosecutes someone for committing a crime

Front 19

jurisprudence

Back 19

legal philosophy (general description of law)

Front 20

Administrative regulations

Back 20

like statutes, but enacting party is and agency rather than legislature

Front 21

equity

Back 21

provide what common law can't
injunction,specific performance, reformation, rescission (now in common law courts)

Front 22

Legal positivism

Back 22

command of a recognized political authority
-"law is law, just or not"
-Valid positive law should be enforced and obeyed, just or not

Front 23

Substantive Law

Back 23

sets the rights and duties of people as they act in society

Front 24

public law

Back 24

concerns the powers of government and the relations between government and private parties

Front 25

Constitutions

Back 25

1.Set up the structure of government for the political unit they control
2. Prevent other units of government from taking certain action or passing certain laws