Exam 1 Study Guide - Exam 1 Study Guide Chapter 1 Key...

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Exam 1 Study Guide Chapter 1 Key Functions of the Legal System: No generally accepted definition of law Improving Social Stability by Influencing Behavior Conflict Resolution Social Stability and Change Sources of Law US Constitution- fundamental law of the land. Establishes 3 branches: o Legislative (Congress)- passes statutes (creates agencies) o Judicial (Supreme Court)- creates legal precedent through decisions o Executive (President & Administrative Agencies- executive orders & regulations respectively Classifications of Law: Public vs. Private o Public Law- legal relationships between members of society and the government o Private Law- legal relationships among members of society Civil vs. Criminal o Civil Law- member of society vs. member of society. Wrongdoer pays money but cannot serve jail time Preponderance of Evidence- more likely than not o Criminal Law- government brings case against member of society. Guilty can be fined, imprisoned, or both. Must be found guilty beyond a reasonable doubt Substantive vs. Procedural o Substantive Law- defines legal rights and regulates behavior; including criminal, civil, and common law. o Procedural Law- how substantive law is processed through the court or other systems & how it is enforced Chapter 2 Organization of the Court System: Both state and federal court systems have: o Lower Courts: Court of Original Jurisdiction o Appellate Courts: Court of Appellate Jurisdiction Federal Judges vs. State Judges: Federal Judges o Nominated by President, Confirmed by majority vote in Senate o Lifetime appointment, only can be removed by impeachment by Congress State Judges o Elected, appointed, or mixture of both o Most serve fixed terms
Federal Court System:

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