Legal Document (Ch 1-7,9)

Legal Document (Ch 1-7,9) - Chapter 1 Four Theories (School...

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Chapter 1 Four Theories (School of Jurisprudential) - Fight with one school, use other if losing 1. Natural Law School: moral and ethnical principles that are basic in human nature and people can discover through use of their natural intelligence or reason…higher power 2. Positivist School: no natural rights, human rights exist. higher law…judge defer existing law…good/bad 3. Historical School: history/ past…strictly follow decisions made from past cases…strict conservative/liberal 4. Legal Realism: takes social and economic realities into account, eg. what would YOU do? - Sociological school view laws as took for promoting justice in society Most Powerful Law 1. US Constitution 2. 3. State Constitution 4. Constitutional Law Article IV states “supreme law of the land”…basis of call law in the US 10 th Amend. reserves states all powers not given to the federal government…each state in union has own const….const. supreme within each state Statutory law Law enacted by legislative bodies at any level of government Fed statue apply to all states…state statue apply state’s border NO fed statue can violate the US Const. and no state statue or local ordinance may violate the US Const. or the relevant state const. Human Right Only 9 apply to people….last one certain things fed law can’t do…9 national law…after civil war…. .9 reg fed and PONE state Supremacy Clause Fed law ahead of state….const. higher law Uniform Laws Will not be federal National Conference of Commissioners on Uniform State Laws(NCCUSL) State has option to accept or reject, if adopt all or part of uniform it becomes part of statue of state, may adopt all or part of uniform as written or legislature. May rewrite the law however legislature. Uniform Commercial Code(UCC) – 50 states same law, state maintain power, state law -State agency parallel to federal agency Doctrine of Stare Decisis stand by your decision Laches: Negligence or undue delay in asserting a legal right or privilege Precedent :example deciding later cases Chapter 2 Jurisdiction: “Power to Speak the Law” General Jurisdiction – original for upper court ex. State trial or fed district court Probate Court – transfer person assets and obligation after death ex. Custody and guardianship Bankruptcy Court – bankruptcy proceedings governed by fed bankruptcy law Original and Appellate Jurisdiction – original = where lawsuit begins…may not see jury Fed Courts – constitutional rights and diversity of citizenship…jurisdiction where accident occur Federal Question: 1) Law (const.) 2) Fed statues 3) Diversity Diversity of Citizenship Name a way when no Fed Q? Diversity of Citizenship “Patriot Act” was bill…Fed. .B4 Exclusive Jurisdiction
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This note was uploaded on 04/15/2008 for the course BUS 5 taught by Professor Leese during the Spring '08 term at Mount St. Marys College.

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Legal Document (Ch 1-7,9) - Chapter 1 Four Theories (School...

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