Locke
Law
We John have rules; if you
violate them, there is a
penalty (i.e. money,
death).
Legal economist who
believed we need rules
of general society since
the alternative is
anarchy and chaos.
Law
Law
A body of rules of
action or conduct
prescribed by
controlling authority,
and having binding
legal force.
That which must be
obeyed and followed by
citizens subject to
sanctions or legal
consequences.
Fair
1. Keep the peace
2. Maintain the
status quo
3. Maximize
individual
freedom
Functions of law:
Although the American
legal system is one of
the most ____, abuses
and mistakes in the
application of the law
still occur.
Economy
Flexible
The law must be ____ to
meet social,
technological, and
economic changes.
The more developed
your ____, the more
developed your legal
system.
Historical
Natural Law
Postulates that law is
based on what is
correct; emphasizes
a moral theory of law
that is, law should be
based on morality and
ethics.
Believes that law is a
cumulative of social
traditions and customs.
Sociological
Analytical
Maintains that law is
shaped by logic.
Asserts that the law is
a means of achieving
and advancing certain
sociological goals.
Natural Law
Cannon Law
Church law; example of
natural law.
Law should be based
on ethics, but its
difficult because
everyones morals are
different.
Analytical
Historical
History repeats itself;
school of
jurisprudential thought.
Logical analysis to law
(no opinion), but gives
no mercy either.
Command
Sociological
How the world works;
more give; school of
jurisprudential thought.
Believes that the law is
a set of rules
developed,
communicated, and
enforced by the ruling
party.
Law and
Economics
Critical Legal
Studies
Maintains that legal
Believes that promoting
rules are unnecessary
market efficiency
and that legal disputes
should be the central
should be solved by
concern of legal
applying arbitrary rules
decision making.
based on fairness.
Critical Legal
Studies
Command
What the law must
be (an extreme); my
rule is law, whether
fair or unfair, moral or
immoral.
Legal rules are
unnecessary; go with
whats fair to the
majority.
Extremist
Law and
Economics
Dollar is king the
guiding force behind
everything we do.
American legal system
lasted as long as we
did because were not a
____ legal system.
Substantive
1.
Natural
Law
2.
Historical
3.
Analytical
4. Sociological
5. Command
6. Critical Legal
Studies
7. Law and
Economics
Schools of
jurisprudential thought:
Area of law that
includes criminal law,
family law, and
contract law.
Substantive and
Procedural
Procedural
Area of law that
includes rules of civil
procedure and rules of
criminal procedure.
Areas of law:
Rules of Civil
Procedure
Substantive
Rights and
responsibilities on
parties in law.
One major set of rules.
Lex talionis
Rules of Criminal
Procedure
Different set of laws
because freedom is at
stake; rules become
tougher on state; more
towards protection of
defendants liberty.
An eye for an eye,
harsh penalty; used for
early kill-or-be-killed
societies.
12 Tables
Code of
Hammurabi
Oldest known legal
code, with a lot still in
existence almost wordfor-word (from
Babylon).
Roman law; basis for
most civil laws and
Napoleon.
Common Law
Louisiana
Uses Napoleonic Code;
no common law
system.
The legal basis for most
states.
Common Law
Common Law
Judge-made law.
Involves judges
deciding present legal
disputes based on prior
legal decisions, or
precedent.
Common Law
Common Law
Developed out of
England and its system
of law, which came to
the colonies and has
been part of the
American legal system
ever since.
Rotates, not set in one
place.
Civil Law
Common Law
Draws abstract rules
from specific cases.
Starts with abstract
rules, which judges
must then apply to the
various cases before
them.
Civil Law
Common Law
Cases to code.
Code to cases.
U.S. Constitution
State
Constitutions
Establish state
governments and
specifies their powers.
Establishes the federal
government and
specifies its powers.
U.S. Constitution
States
Powers not given to the
federal government are
reserved for ____.
End-all-be-all source of
law.
Statutes
Treaties
The President, with the
advice and consent of
the Senate, may enter
into them with foreign
countries.
Enacted by Congress
and state legislatures.
Codified Law
Ordinances and
Statutes
Passed by
Set of laws put into a
municipalities and local
code; last updated in
government bodies to
the 1950s, before that
establish courses of
during Civil War, before
conduct that must be
that in England.
followed by covered
parties.
Executive Orders
Administrative
Agency Rules and
Regulations
Created by the
legislative and
executive branches of
government; they may
adopt rules and
regulations that govern
the conduct of covered
parties; dont
encompass every law.
Issued by the President
and governors of
states; regulate the
conduct of covered
parties.
1. Constitutions
2. Treaties
3. Codified Law
4. Administrative
Agency Rules and
Regulations
5. Executive
Orders
6. Judicial
Judicial Decisions
Decisions
Courts decide
controversies by
issuing verdicts that
state the holding of
each case and the
rationale the court
used to reach it.
Sources of law in the
United States:
1. Executive
2. Chief Judicial
Branch
3. Bicameral
Legislature
4. Law
Enforceme
nt
Nebraska
Has no bicameral
legislature; only one
branch.
Separation of powers;
each state has its own:
Subject-Matter
Jurisdiction
The House
Where anything to tax
us must start.
The court must have
jurisdiction over the
subject matter of the
lawsuit; each court has
limited jurisdiction to
hear only certain types
of cases.
Service of Process
In personam
(Personal)
Jurisdiction
The court must have
jurisdiction over the
parties to a lawsuit; the
plaintiff submits to the
jurisdiction of the court
by filing the lawsuit
there.
Served to the
defendant to obtain
personal jurisdiction
over them.
Jurisdiction
In Rem Jurisdiction
A court may have
jurisdiction to hear and
decide a case because
it has jurisdiction over
the property at issue in
the lawsuit (i.e. real
property located in the
state).
Authority of a court to
hear a particular case.
Venue
Jurisdiction
Every court must have
it to hear a case.
More than once court,
so the best must be
chosen.
In Personam
(Personal)
Jurisdiction
Circuit Court
Subject-matter
jurisdiction in Florida.
Jurisdiction over a
person.
In Contempt
In Rem Jurisdiction
Jurisdiction over
property; the thing.
Ordered to do
something, have the
ability to comply, but
choose not to; willfully
choose to disobey
court.
Injunctions/
Restraining
Orders
1. Issue ruling
2. Bind a party
3. Impose a
punishment
4. Prevent an
action/wrong
5. Enforce orders
Powers of the courts:
Example of preventing
an action/wrong.
GeneralJurisdiction Trial
Court
Power of
Contempt
Examples of enforcing
orders.
State courts that hear
cases of a general
nature that are not
within the jurisdiction
of limited-jurisdiction
trial courts.
Intermediate
Appellate Court
1. GeneralJurisdiction Trial
Court
2. Intermediate
Appellate Court
3. Highest State
Court
State Judicial Systems:
State courts that hear
appeals from state trial
courts; reviews the trial
court record in making
its decision; no new
evidence is introduced.
Highest State
Court
Small Claims
Includes county civil
and traffic courts.
Hear appeals from
appellate courts and,
where appropriate, trial
courts; reviews the
record in making its
decision; no new
evidence is introduced;
most states call it the
supreme court.
5th
Circuit Court
Civil and criminal
courts (i.e. 18th, 9th, 7th,
5th).
Floridas appellate
court.
Missouri Plan
1. Small Claims
2. County Courts
3. Circuit Courts
4. Appellate
Courts
5. FL Supreme
Court
Order of State Courts:
Vacancy of state judges
submits applications;
submit list to governor;
governor appoints;
when judges term
expires, then there is
the retention vote.
Exclusive
Jurisdiction
Concurrent
Jurisdiction
State courts can hear
cases involving
diversity of citizenship
cases and federal
question cases over
which the federal
courts do not have
exclusive jurisdictions;
defendant may have
Federal Court must
hear cases involving
federal crimes,
antitrust, and
bankruptcy, patent and
copyright cases, suits
against the United
States, and most
admiralty cases; no
case removed to
federal court.
States.
Special Federal
Courts
Defendant
If the case enters two
jurisdictions, the ____
has the choice to
choose.
Federal Courts that
have specialized or
limited jurisdiction.
U.S. Claims Court
U.S. Tax Court
Hears cases involving
federal taxes.
Hears cases brought
against the United
States.
U.S. Bankruptcy
Courts
U.S. Court of
International
Trade
Hears cases involving
tariffs and international
commercial disputes.
Hears cases involving
federal bankruptcy law.
District
U.S. District
Courts
Federal trial courts of
general jurisdiction that
hear cases not within
the jurisdiction of
specialized courts; at
least one per state.
Area served by U.S.
District Court.
12
U.S. Court of
Appeals
Intermediate federal
appellate courts that
hear appeals from
district courts located
in their circuit and, in
certain instances, from
special federal courts
and federal
administrative
Number of
geographical circuits in
the U.S. Court of
Appeals.
agencies.
U.S. Supreme
Court
Court of Appeals
for the Federal
Circuit
The thirteenth circuit
court located in
Washington, DC and
reviews patent,
trademark, and
international trade
cases.
Hears appeals from the
circuit courts and, in
some instances, from
special courts and U.S.
district courts; highest
court of the federal
court system.
Federal Question
9
Number of justices in Cases arising under the
the Supreme Court, one
U.S. Constitution,
of whom is named chief
treaties, and federal
justice.
statutes and
regulations; there is no
dollar-amount limit.
$75,000
Diversity of
Citizenship
Cases between (i)
citizens of different
states and (ii) citizens
of a state and citizen or
subject of a foreign
country; federal courts
must apply the
appropriate state law in
such cases.
Dollar amount,
exclusive of attorneys
fees and costs, that
diversity of citizenship
cases must exceed for
the federal court to
hear the case.
Federal Magistrate
Federal Judges
Appointed by the
President for life unless
they are impeached.
Appointed by district
court judges who serve
eight years for pretrial
issues and try issues
with consent (can go to
judge).