MY Test 1 review - Test 1 review Chapter 1: Important ideas...

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Test 1 review Chapter 1: Important ideas about law: - power: affects all people, and most of life - importance: all civilizations have some form of law; importance either the written law or who enforces it - fascination: people have to be interested in law for it to work Origin: - English roots - Jury of 12 - Unequal access to justice - Ongoing conflict since time between historical English legal principals and American desire for change Sources of contemporary law: - Constitutions (state and federal- both have 3 branches of government) - Statutes: laws passed by state and federal gov’t (eg. City ordinances, local laws) - Common law: o Stare decisis- “let the decision stand” o Reliance on precedent over time makes it work - Administrative Law: agencies do the day to day work of legislative and executive branches - Treaties: president can enter treaties but it must be ratifies by senate Classifications of Law: - Criminal law- government is the prosecuting agency o Is concerned with behavior that is so threatening that society outlaws it o Punishment: Fines, prison or both - Civil Law- individual files lawsuit o Regulates rights and duties between “civil”ians - Substantive law- establishes rights of the people, congress can’t pass a law that infringes on the rights of people - Procedural law- establishes the process for settling disputes Jurisprudence: - Study of what is law - Law and morality- don’t always match up - Natural law o An unjust law does not have to be obeyed - Legal realism o What matters is who enforces the law and by what process As long as the process is fair, we should accept the law Chapter 2: Ethics- the study of how people should act Law and ethics do not always match up
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- What are the facts? - What are the big issues - Who are the stakeholders? - What alternatives? - Ethical implications of each alternative? Chapter3: Alternative dispute resolution: - Negotiation: happen either personally or through lawyers - Mediation: o neutral person (mediator) tries to trick disputing parties into a voluntary settlement o mediator DOES NOT issue the decision o offers strongest “win-win” potential - Arbitration: o Parties agree to have a neutral person who imposes an award o Faster and cheaper than litigation o Arbitrator makes the decision Court systems - State courts: o Trial courts One judge and sometimes a jury Determine facts of case and apply law to the case Jurisdiction= courts power to hear a case o Appellate courts Review record for errors Courts of appeal Intermediate level of appeals court State supreme court Highest court in state - Federal courts o Federal question cases- claim based on written law o Diversity cases- plaintiff and defendant are from different states, and amount in dispute is over 75,00 o Trial courts- U.S. district court o Appellate courts U.S. Court of appeals 12 cicuit court of appeals (Texas sits in th 5 th circuit) U.S. Supreme Court Highest court, nine justices
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This note was uploaded on 04/30/2008 for the course BA 2301 taught by Professor Mattpolze during the Spring '08 term at University of Texas at Dallas, Richardson.

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MY Test 1 review - Test 1 review Chapter 1: Important ideas...

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