Comprehensive Overview of Law: Sources, Branches, and Court Procedures

What is the primary difference between questions of law and questions of fact?

Only a judge can answer questions of law, while questions of fact are determined by a jury.

What does the term 'law' refer to in a legal context?

Binding rules prescribed or recognized by a controlling authority.

What is common law?

Unwritten law created through court decisions that fills gaps in statutory law, not applicable in Louisiana.

What are primary sources of law?

Sources that actually create laws, including legislatures (statutes), governmental agencies (regulations), and courts (binding decisions).

What are secondary sources of law?

Non-binding sources that summarize, critique, and recommend legal reforms, such as legal encyclopedias and law journal articles.

What are the main purposes of law?

To establish standards, maintain order, protect rights and liberties, and resolve disputes.

What characteristics define 'good' law?

Good law should be available to the public, understandable, non-discriminatory, in the best interests of the people, reasonable, and enforceable.

What are the three branches of law?

Legislative (makes laws), Executive (carries out laws), and Judicial (evaluates laws).

What does 'Stare Decisis' mean?

It means to stand by things decided, using precedents from previous cases to ensure consistent legal principles.

What is the difference between civil law and common law?

Civil law creates numerous statutes with less judicial discretion, while common law allows judges to create law through decisions.

What distinguishes criminal law from civil law?

Criminal law deals with offenses against the government, while civil law deals with offenses against private entities.

Who initiates criminal cases?

Criminal cases are initiated by a government prosecutor.

Who initiates civil cases?

Civil cases are initiated by plaintiffs.

What is the burden of proof in criminal cases?

Beyond a reasonable doubt, which is a higher standard than in civil cases.

What is the burden of proof in civil cases?

By a preponderance of the evidence, meaning more likely than not.

What are federal laws?

Laws imposed by the government of the USA.

What are state laws?

Laws imposed by each individual state.

What are local laws?

Laws imposed by localities within each state, which cannot violate state or federal laws.

What is the role of the legislative branch?

To create constitutional and statutory laws at both federal and state levels.

What is the role of the executive branch?

To carry out laws and enforce regulatory (administrative) laws at both federal and state levels.

What is 'Race Judicata'?

A legal principle that prevents the same issue from being tried again after a final judgment.

What are writs in a legal context?

Court orders that can include seizure of assets, executed by sheriffs, such as writs of execution and writs of garnishment.

How many counties are there in the context of this legal study?

There are 254 counties.