CLASS NOTES TEST 1

CLASS NOTES TEST 1 - The Nature Of Law Jurisprudence the...

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The Nature Of Law Jurisprudence – the science or philosophy of law, involves studying the various schools of law Natural Law – law based on ethical and moral principles stating that humans have natural rights and that someone should not have to adhere to laws that violate human nature Positive Law – There can be no law higher than their nations law. This is the practice of legal positivism. There are no such things as natural rights, any law should be obeyed. Historical School of Law – History dictates the law of the present, emphasizes precedents. Legal Realism School of Law – Law is one of many institutions in society and it is shaped by societys needs. Laws cant have total uniformitiy Sociological school – law is used to promote justice in society. Court of Law vs. Court of Equity - Court of law , starts with a complaint, decision by jury or judge, result by judgement, remedy with monetary damages (money or property) - court of equity , starts with a petition, decision by judge(no jury), result is a decree, remedy is an injuction(directing a party to do or refrain from an act), specific performance(perform what was promised) or rescission (cancel a contract) Common Law Derives from the english courts Stare Decisis – Precedents are upheld , a form of common law Binding Authority – any sources of law that govern the issue in the case. This could be statutes, constitutions, regulations, precedents Precedents are effective unitl they are overruled by a supreme court, legislation, or ammendment Perusuasive Authority – any other sources of law that arnt binding that courts can use to make a decision. Ususally occurs when there is no established precedent. This can be in the form of precedents from other jurisdictions or secondary law.
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Sunstantiative Law – Law that defines, describes, regulates, and creates legal rights and obligations Procedural Law – Law that establishes how we enforce the substantiative law Civil Law – The law that spells out rights and duties that exist between persons-persons, and persons-government. Usually person-person. Criminal Law – Law that defines what crimes are and how they should be punished. Usually for when someone has commited a crime against society. Civil Law System – a code system that does not use precedents as legally binding. Used by most of the countries in the world. Case Terminology - plaintiff - Defendant - Appelant – Petitioner, person who appeals the case - Appellees – respondent, person who is being appealed - Judgment Decisions and Opinions -Unanimous (sets precedent -Per Curiam (no justice signs the opinion, just “the Court” - Majority ( agree to the outcome and the reasoning - Plurality ( less than a majority – 4 , agree to outcome and reasoning, not precedent - Concurring ( agree with the outcome but disagree with the reason why - Dissenting (judge disagrees with the majority C. 2 Constitutional Law
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Everything ultimately is decided under the constitution No body of law can enact anything that conflicts with the consitution
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CLASS NOTES TEST 1 - The Nature Of Law Jurisprudence the...

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