law outline - Chapter 1 Introduction Common Law System that recognizes the role of judges in making the law based upon customs and traditions of the

law outline - Chapter 1 Introduction Common Law System that...

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Chapter 1 Introduction Common Law System that recognizes the role of judges in making the law based upon customs and traditions of the people. Article Three of the Constitution empowers the judiciary with the authority to interpret the laws and to establish standards of care. Court is empowered to pass judgement on what type of conduct is proper. Statutory Law Creation of these laws are the primary function of the legislature (federal, state, and municipal). Designed to address specific problems in our society and to set forth rules to regulate areas of concern. Common Law Statutory Law Creation Decisions made by judges Issued by different levels of government AKA Case laws, opinions Written laws, statutes, or ordinances Origin Precedent or stare decisis (prior cases) Legislature Statutory Interpretation Statutory interpretation is the process by which courts interpret and apply legislation. Some amount of interpretation is often necessary when a case involves a statute. Sometimes the words of a statute have a plain and straightforward meaning. Opinions, Captions, Citations Opinions - judicial pronouncements that are rendered in the form of written explanations. Used so the parties to the litigation and the general public may understand the basis for the court’s resolution of the dispute. o Majority - decision made by more than half of judges o Dissenting - disagreement with majority, no value o Concurring - agree with decision, but different logic used Captions - the part of a case that identifies the parties in the lawsuit.
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  • Spring '10
  • SamuelHodge
  • Law, Common Law, immunity protects judges, stand-your-ground law states

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