LEB 320F Final notes - Unit 1 Intro to Legal Environment and Court Systems Law Classification Federal Law come from US same all over the country Vs

LEB 320F Final notes - Unit 1 Intro to Legal Environment...

This preview shows page 1 - 3 out of 53 pages.

Unit 1: Intro to Legal Environment and Court Systems Law Classification · Federal Law: come from US, same all over the country Vs. · State Law: decides law within their own state border, varies state by state · Common Law: legal ideas or principles that have established in past court decisions, comes from courts, creates precedents Vs. · Statutory law: created by elected representatives or bodies of elected representatives at the national level (congress), or at the state level through the state legislature · Civil Law: private people looking for compensation for losses they have against someone else/some company Vs. · Criminal Law: government goes after someone who has broken a law, private person can’t bring a criminal case, government can impose fines/imprisonment/death penalty Felony - More serious. Misdemeanors - crimes carrying lesser penalties ex: most traffic offenses Law and Ethics Laws: comes from government, they try to reflect society’s moral beliefs and if they don’t they try to change and adapt, sets requirements Ethics: comes from variety of sources like parents/friends/media/religion, sets standards that you ought to meet but are not required to Soldano v. O’Daniels o Fight at a bar got out of control, good samaritan left to find a phone, while looking for a phone at bar #2 they wouldn’t let her use their phone, one guy ended up killed, Family sued bar #2 Result: The bartender owed a duty to the plaintiff’s decedent to permit the patron from Happy Jack’s to place a call to the police or to place the call himself. Shows the “inherent capacity of the common law for growth and change.” Court system: The Typical State System 1. Courts of Limited Jurisdiction 1. Limited as to the kinds of cases they can hear b. General Trial courts/ District Courts/ Common Plea Courts/ Superior Courts/ State Trial Courts 1. Most important cases involving state law 2. Empowered to hear all cases (Except those expressly assigned by statute to the courts of limited jurisdiction) 3. Exists in every county of every state b. Appellate Courts 1. If parties to a lawsuit are dissatisfied with how a trial court handled a case, they can take an appeal here.
Image of page 1
2. In some states there is only the supreme court, but in more populous states a layer of appellate courts is interposed between the trial courts and the supreme court. 3. Decide legal questions, do not hear testimony of witnesses or otherwise entertain new evidence. b. State Supreme Courts U.S DISTRICT COURTS 1.Specialized U.S Courts a. some federal courts have very specialized subject matter jurisdiction 2.Federal District Courts 1. most federal cases originate in these courts 2. 94 judicial districts 3. Not really courts of general jurisdiction 4. Federal gvt. & have power to hear only cases that have been placed w/in their jurisdiction by the Constitution and federal statutory enactments.
Image of page 2
Image of page 3

You've reached the end of your free preview.

Want to read all 53 pages?

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture