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Exam 1 Study GuideChapter 1Key Functions of the Legal System:No generally accepted definition of lawImproving Social Stability by Influencing BehaviorConflict ResolutionSocial Stability and ChangeSources of LawUS Constitution-fundamental law of the land. Establishes 3 branches:oLegislative (Congress)-passes statutes (creates agencies)oJudicial (Supreme Court)-creates legal precedent through decisionsoExecutive (President & Administrative Agencies-executive orders & regulations respectivelyClassifications of Law:Public vs. PrivateoPublic Law-legal relationships between members of society and the governmentoPrivate Law-legal relationships among members of societyCivil vs. CriminaloCivil Law-member of society vs. member of society. Wrongdoer pays money but cannot serve jail timePreponderance of Evidence-more likely than notoCriminal Law-government brings case against member of society. Guilty can be fined, imprisoned, or both.Must be found guilty beyond a reasonable doubtSubstantive vs. ProceduraloSubstantive Law-defines legal rights and regulates behavior; includingcriminal, civil, and common law.oProcedural Law-how substantive law is processed through the court or other systems & how it is enforcedChapter 2Organization of the Court System:Both state and federal court systems have:oLower Courts:Court of Original JurisdictionoAppellate Courts:Court of Appellate JurisdictionFederal Judges vs. State Judges:Federal JudgesoNominated by President, Confirmed by majority vote in SenateoLifetime appointment, only can be removed by impeachment by CongressState JudgesoElected, appointed, or mixture of bothoMost serve fixed terms