social legal midterm review

social legal midterm review - Chapter 1- Social...

Info iconThis preview shows pages 1–4. Sign up to view the full content.

View Full Document Right Arrow Icon

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
This is the end of the preview. Sign up to access the rest of the document.

Unformatted text preview: Chapter 1- Social & Legal What is law?-set of rules/standards set and enforced by a gov. to regulate society-based on ethical standards and values of society which change over time Classifications of Law: Public law- includes laws that are enacted by some authorized governmental body; statues Private law- final source of written law and are found in contracts and the regulations agreed to, for ex, by employers and to employers (between individuals) Criminal law- violation is a wrong against society ex. Running a red lightGOV. VS. AN INDIVIDUAL; designed to protect society; consequences arent $ damages but possible loss of freedom; more protection for the defense Civil law- a wrong against another person or persons; plaintiff seeks money damages, corps, businesses, etc. PERSON VS. PERSON Require restitution- the party who violated the civil law must compensate the harmed party Substantive vs. procedural law: Substantive law- those that give rights and responsibilities Procedural laws- provide the means for enforcing substantive rights Common vs. Statutory law: Precedent- (judicial opinion)/interpretation of the law--forms common law (judge made law) doctrine that enables common law Precedents not followed when: New technology shows us new evidence, precedents can be changed When attitudes ex. Brown vs. Board of Education changes values Roe vs. Wade (abortion- always being challenged) Year + a day rule : if someone is shot, hangs on thru a coma, and dies after a year and a day, the criminal cannot be charged with murder Common law- uncodified law Stare decisis- let the decision stand promotes fairness and consistency Statutory law- codified law *courts must follow their own precedents & the precedents of higher courts in their jurisdiction NJ State Court System: Jurisdiction- the power of a court in their area Ex. NJ Trial judges do not have to listen to the supreme PA judges- but they must follow courts in their jurisdiction of NJ LAW DIVISION trial crt judges answer qs before, during, and after the case which then sets a precedent if appellate division views case, and do not agree, they can overturn the ruling and set higher precedents all the trial judges must follow- trial judges are fairly consistent but not always & do not have to follow precedents of judges on their level- supreme court is consistent, appeals constantly brought to them so they must choose to hear which cases they want to- they pick the ones where the lower courts are confused or they need to set a new precedent NJ supreme court moves to federal court state when the state law is not part of it (if there is a...
View Full Document

Page1 / 11

social legal midterm review - Chapter 1- Social...

This preview shows document pages 1 - 4. Sign up to view the full document.

View Full Document Right Arrow Icon
Ask a homework question - tutors are online