bls midterm review

bls midterm review - Chapter 1 Types or Sources of Law...

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Chapter 1 Types or Sources of Law Federal, state, and tribal level: o U.S. Constitution : establishes governmental structure, specific rights and duties o Statute : enacted by legislative body to regulate conduct o Common Law : case law (judge-made) Used when deciding cases not governed by statutes or other types of law. Although common law exists only Over time, judges begin to follow decisions of other judges in similar cases o Administrative Law : agency rules to implement enforcement of statutes Two types of law made by administrative agencies are administrative regulations and agency decisions Administrative regulations differ from statutes, because the body enacting regulations is not an elected body Issued at chief executive level: o Executive Order : under limited powers o Treaty : with other nations, by the U.S. president on behalf of the nation, and ratified by the U.S. Senate Important Doctrines Stare Decisis ( let the decision stand ) o Doctrine of precedent applied in common law Equity o Applied by the judiciary to achieve justice when legal rules would produce unfair results Federal supremacy : o Rule of priority for conflicts between laws that holds U.S. Constitution the supreme law of land (Art. VI, Sec. 2, U.S. Constitution) Classification of Law Criminal law establishes duties to society o Government charges and prosecutes defendant, who is found guilty or innocent Civil law establishes duties between private parties o Plaintiff sues defendant for monetary damages or equitable relief
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Substantive law establishes rights and duties of people in society Procedural law establishes how to enforce those rights and duties Public law refers to the relationship between governments and private parties Private law refers to the regulation of conduct between private parties Jurisprudence Jurisprudence refers to the philosophy of law as well as the collection of laws Legal positivism : law is the command of a recognized political authority Natural law : universal moral rules bind all people whether written or unwritten o See U.S. v. Lynch Legal realism defines law as the behavior of the judiciary as they rule on matters within the legal system Sociological jurisprudence unites theories that examine law within its social context Legal Reasoning Basically deductive, with the legal rule as the major premise and facts as the minor premise Court may stand on precedent or distinguish prior case from current case o If precedent inapplicable, new rule developed See Hagan v. Coca-Cola Bottling Co. Statutory Interpretation Plain meaning rule : court applies statute according to usual meaning of the words o See Hyatt v. Anoka Police Department A court examines legislative history and purpose when plain meaning rule is inadequate o See General Dynamics Land Systems, Inc. v. Cline Courts may interpret a statute in light of a general public purpose or public policy
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bls midterm review - Chapter 1 Types or Sources of Law...

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