exam 1 - Adverse possession Law o Enforceable rules o...

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1/15/08 Adverse possession Law o Enforceable rules o Governing relationships Jurisprudence o Study of different schools of legal philosophy Natural law theory o Government and legal system should reflect universal moral and ethical principles Positive law (legal positivism) o Written law of a society at a particular point in time Schools of thought o Historical school Concentrates on the origin and history of legal system Looks to the past to determine laws for the present o Legal realism school Judge should take economic and social realities into account Influenced the sociological school o Sociological school Law is a tool for promoting justice Primary sources of US law o Constitutional law Establishes governmental structure Allocates power among branches Specifies rights and liberties of the people Restricts powers of government o Statutory law Legislative law Laws passed by Congress or a state or local legislature o Administrative law Administrative agencies issue rules and regulations Public health, safety and welfare o Common law Judge-made law or case law US legal system is a common law system Relies heavily on the judiciary as a source of law Hierarchy of law o US constitution o Federal statutes and treaties o Federal administrative law o Federal common law o State constitution
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o State statutes o State administrative law o State common law 1/17/08 Administrative law o Administrative agencies issue rules and regulations Agencies - Establish and enforce rules to administer specific legislative acts o Roles Rule making Investigation and enforcement Adjucation Law vs. Equity o Courts of law – award money or other valuable compensation o Courts of equity – award non-monetary relief (equitable remedies) Specific performance – requires an action Force seller to sell you the house he backed out on Common Law o Developed by stare decisis Judge must follow precedent o Precedent - prior court case is authority for deciding a future case Classifications of law o Substantive law – creates legal rights and duties o Procedural law – establishes the rules for enforcing rights o Civil law – defines and enforces duties of persons to one another o Criminal law – defines and enforces duties of persons to society as a whole o Cyberlaw – governs internet transactions Case terminology o Plaintiff - suing o Defendant – being sued o Judgment – court order after decision is made o Written opinions Unanimous – all 9 justices agree, becomes precedent Per curiam – do not know who wrote and no signatures Majority – at least 5/9 justices agree with reasoning and outcome Plurality – largest number who agree with outcome and reasoning, not precedent Concurring – agree with outcome, but disagree with reasoning Dissenting – disagreeing opinion Chapter 2
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exam 1 - Adverse possession Law o Enforceable rules o...

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