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law
enforceable rules governing relationships among individuals and between individuals and their society
primary sources of law
case law, common law, statutory law, constitution and administrative law
statutory law
laws enacted by legislative bodies at any level government, statutes passed by congress
ordiances
regulations passed by municipal or county governing units, within a states jurisdiction
uniform laws
drafted by an independent group, model laws that states could consider adopting, not a law until its passed
common law
a body of general rules that common law tradition came from england
remedies
the legal means to enforce a right ot redress a wrong; land, things of value and money
remedies of equity
equitable remedies, specific performance, injunction and recission
recission
break of contract , putting the parties back in their original position
defendant
party being sued
plaintiff
suing party
defence
the argument the defendant makes to not have the plaintiff win
stare decisis
stand on decisions, reference to former decisions
legal reasoning 4 steps
issue- what legal issue
rule
application analysis
conslusion
restatements
related to common law, series of tratises that articulate the principles or rules for a specific area of law
natural law
theory that a higher or universal law exists that applies to all human beings in our written laws, our constitution should reflect written laws
all men are created equal
positive law
the state law, each state has their own law and must be followed
thinks that there isnt natural law
historical school
school of legal thought that stresses evolutionary nature of law
looks at doctrines that have withstood the passage of time for guidence in shaping current laws
school of realism
approch that is less abstract and more realistic and pragmatic towards law
looking at customary practices around the particular transaction
substantive law
substance of law, creates rights duties and provisions
a substance that supports a ruling and establishes a process or right
procedural law
covers the process are required to enforce the rights, duties and obligations
civil law
spells out the rights and duties that exist between people and their governments, and relief available when rights are violated
criminal law
concerned with wrongs committed against the public as a whole
article 1- legislative
lawmaking
article 2- executive
executing laws enacted by legislature/appointment/ president can veto laws
article 3- judicial
SCOTUS, are laws constitutional?, checks and balances divide authority of three balances
sovereignty
power to govern themselves, state governments within their borders
police powers
state regulatory ability to enforce powers , states and local governments both do this
administrative law
regulatory state law, each of the branches is delegated to the admin authority
privileges and immunities clause
one state cannot pass a law or regulation that unreasonably affects a person in another state
commerce clause
power to regulate innerstate commerce/ intrastate is expanding the boundaries
concurrent laws
shared by the fed and the states
first amendment
free speech, religion and assembly peacably, symbolic speech
fifth amendment
the rights to indictment by a grand jury, to due process of law, and to fair payment when private property is taken for public use/
complaint
the pleading made by plaintiff alleging wrongdoing on the part of the defendant; document that files a lawsuit// plaintiff selects court return date and trial date
content neutral law
regulates the time, place and manner of speech
establishment cluase
prohibits the govt from establishing a religion
free exercise
has to have compelling interest, violate
4th amendment
free from unreasonable search and seizure, has to be warranted
due process , 2 ways
procedural and substantive due process
procedural
govt must give a person proper notice and opportunity to be heards
substantive
on content of legislation rather than fairness, what the govt can restrict vs not
14th amendment- equal protection
cannot deny any person within its jurisdiction the equal protection of the laws , cannot enact laws that repeat similar peoples jurisdictions
3 tests in equal protection
strict- federal court applying a state law that creates compelling interest
intermediate scrutiny- substantial
rational basis- rationally related to legitimate government interest
how was power of judicial review established
marbury vs. madison- authority to declate actions unconstitutional
3 requirements to hear a case
jurisdiction- power to speak the law
personal- exercise personal jurisdiction in any area
in rem- jurisdiction in area of property, of dispute/ object
sufficient minimum contacts
which state has jurisdiction over you, this is statutory law
where the lawsuit sis brought , sufficient for the forum state to assert personal jurisdiction over that defendent
long arm statutes
a court can exercise on a person has over out of state defendant corporations
question of fact
what really happened in reguard to the dispute being tried
question of law
concerns the application of interpretation of the law
exclusive federal jurisdiction
federal crimes, bankrupcy
concurrent jurisditction
cases involving federal questions, diversity of citzenship cases
exclusive state jurisdiction
involving all matters subject to fed jurisdiction, divorce and adoption cases
venue and standing
v- appropriate location for trial/ s- harm, causation and remedy
litigation
the process of resolving a dispute through the court system
alternative dispute resolution- settling their disputes
negotiation, mediation (more formal), arbitration (most formal and are cut off after)
state system of courts
supreme (make sure law was applied correctly), apellate (immediate appelate court), trial (limited and general jurisdiction/ facts are right and misdemeanors/felonies)
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