LEB Exam 1 Review LAW Law: a binding custom or practice of a community; a rule of conduct or action prescribed or formally recognized as binding or enforced by a controlling authority Requisites of a legal system o Certainty (future, stability) o Flexibility o Knowable o Reasonable Common Law v Statutory Law o Common Law: All the rules and principles currently existing in any state, regardless of their historical origin, that result from judicial decisions in those areas of law where legislatures have not enacted comprehensive statutes “Judge’s Burden” – setting precedent Stare Decisis Binding authority: must follow precedent because the decision was made by a higher court in the state Persuasive authority: using precedent as defense and advice, do not have to follow (when precedent set by court in another state) o Statutory Law: Rules that have been adopted by legislative bodies rather than by the courts Difficult for common law to capture Criminal law, corporate law How a bill becomes a law 1. Introduction to senate or house 2. Referral to legislative committee 3. Approval by committee 4. Approval by house and senate 5. Signing by executive (or legislate overriding veto) Statute not usually overturned due to vagueness o Statutory interpretation Sometimes statutory law needs modernization Courts change it Ex. Obergefell v. Hodges (gay marriage) Legal Dispute o Plaintiff: person bringing action o Defendant: person/entity against whom plaintiff is making a claim 1
Criminal v Civil Law o Only government can press criminal charges Individuals can not Misdemeanor or felony o Individual people and entities act under civil law o Some actions are both civil and criminal Law of equity o Plaintiff can ask the court for in injunction rather than monetary compensation Injunction is when the court stops or delays an action from taking place COURT SYSTEM Federal v State Courts o State Courts of limited jurisdiction Limited as t the kinds of cases they can hear Ex. Traffic courts, municipal courts, tax courts, etc. General trial courts Hear all cases except those expressly assigned to limited jurisdiction courts Facts and law Appellate Courts Questions of law ONLY o Federal District courts (96) & 13 appellate courts Appeals Courts: o Texas is in 5 th district conservative o 9 th district is liberal Specialized courts Appellate courts (Supreme Court) Need writ of certiorari (Supreme has too many cases so to appeal to them you need this) o Courts need Jurisdiction Subject Matter: power to hear particular kind of case
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- Spring '08