Ch.1 - Intro to Law

Jurisprudence - philosophy of law

Types of jurisprudence

• Natural Law: Law based on morality; goodness

• Legal Positivism: The law is the law; sovereign determines; disregards morality

• Legal Realism: Who enforces the law more important than what the law is

Plantiff - party that sues in a case

Defendant - party that is being sue in a case

Remand - affirm the original case ruling in an appellate court

Reverse - change the original case ruling in an appellate case

Iroqouis - created federalism

Shire reeves - sheriffs

Oath helper - p became the 12 person jury

Precedent - Using previous court rulings to make a decision on a current case

Stare Decisis - the principle that binds precedent (lower courts only)

Common Law - judicial law made based on a collection of precedent cases

Treaties - Agreement between two or more sovereign nations enacted by president

Statues - legislative passed laws

Regulations - Laws passed by administrative agencies

Civil Law - Law that regulates rights between parties; offended party sues

Criminal Law - law that prohibits behaviors or actions to protect society from harm; government prosecutes.