Studied by 115 people
Law
Rules that provide structure to a society
Common Law
Body of unwritten laws based on legal precedents established by the courts
Which type of law should be consistent with the Constitution.
Common Law
Modern Law
Contrasted with civil law, which is based on codified laws and written rules
Which type of law is baed on case law and judicial precedent rather than statue?
Modern Law
Three branches of government?
Executive branch
Legislative branch
Judicial branch
Executive Branch does and in charge of which agencies?
Enforcing the Law
In charge of government agencies (IRS, DMV, government defense, etc)
Legislative Branch includes and does what?
Includes Congress
Writes and Creates Laws
Judicial Branch does what?
Interprets the law.
Code Law
Law written by legislature and passed by the president/governor
Case Law
Court Decisions & Precedence
What is the point of Precedence/Court Decisions?
To provide consistency
Define Court
A body enpowered to hear and decide disputes
Jurisdiction
Level of power or AUTHORITY
Original Jurisdiction
Where the trial takes place/starts
Appellate Jurisdiction
Courts of Reviews
General Court
Courts that hold the authority to hear all types of cases expect those prohibited by the laws in that state.
Limited Courts
Legal Authority of a court to hear only a certain number of cases
State Courts (Limited) include what?
Family law, probate, etc…
Federal Courts (Limited) include what?
Bankruptcy Court, tax courts, copyright courts, etc…
State Court Organization
State Supreme Court
State Court of Appeal
Superior Court
Municipal Court
Small Claims Court
State Supreme Court
Highest court in the state judiciary of a US state
State Court of Appeal
Start intermediate appellate courts in the US state
Superior Court
A court of general jurisdiction over civil and criminal legal court
Federal Court Organization
U.S. Supreme Court
Federal Court of Appeal (Circuit Court)
District Court
Other federal courts (Tax, patent, admiralty, etc…)
What is the name of one making complaint?
Plaintiff
Court Procedure or steps
Starts at Complaint
Plaintiff writes up a story
Lawyer files/delivers plead to court
Service of Process
Answer (other response from defendant)
Service of Process
The delivery of a summons and complaint to the defendant
Motions
A formal request for the court to make a decision about something related to the case
Depositions
An out-of-court statement given under oath by any person involved in that case
What are the 2 types of Trier of fact?
Jury or Judge
Define Trier of Fact
Someone who determines what the facts are during a trial
What are the 2 types of evidence?
Testimony or Tangible
Tangible Evidence
The physical or factual evidence
bloody shirt
weapon
verbal
