Exam Review Outline

Exam Review Outline - Exam Review Outline THE NATURE OF LAW...

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Exam Review Outline THE NATURE OF LAW Types and Classification of Law I. The 4 types of law a. Constitution i. Exists in federal level ii. Separation of power iii. Checks and balances - executive, judicial, legislature branches iv. Federalism b. Statutes i. Las created by congress or a state legislature ii. Uniform acts - model statutes drafted by private bodies of lawyers/ scholars iii. Becomes law after enacted by a legislature c. Common Law i. Judge-made law, or case law ii. Stare decisits (let the decision stand), using other judges’ decision in similar cases iii. Restatement: collection of common laws d. Equity i. The body of law ii. Equitable remedies: 1. Injunction - courts order/forbidding a party to do some act. 2. Specific performance - order to perform the terms of contract (K) 3. Reformation - court rewrites the K term to reflect party’s intention 4. Rescission - cancellation of K, parties returned to pre-contractual II. Administrative Regulations and Decisions a. Administrative agencies - make laws through delegation (handing over of power) i. Administrative regulation ii. Agency decisions b. Rise of industrialization III. Treaties a. Treaties are made by the president with foreign governments and approved by two thirds of the US senate are “the supreme Law of the Land.” IV. Ordinances a. The enactments of municipalities V. Executive Orders a. Reinforces law, not lawmaking. b. By presidents or governors VI. Classifications of Law a. Criminal law - government prosecution b. Civil law - party sues another party c. Substantive law - right and duty of people d. Procedural law - controls the behavior of government e. Public law - government and private parties f. Private law - private parties and private parties
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THE RESOLUTION OF PRIVATE DISPUTES State Courts and Their Jurisdiction I. Courts of Limited Jurisdiction a. Minor criminal & civil disputes b. Small amount of money c. Courts of inferior or special jurisdiction d. Exp. Municipal courts, justice of peace courts, and small claims courts e. No records f. Appeals require a new trail (trial de novo) II. Trial Courts a. No limits on civil damages or criminal penalties b. Recording courts c. Judges always a lawyer d. Exp. Circuit, superior, district, county, or common pleas courts e. Civil & criminal divisions f. Exp. Domestic relations, probate, and juvenile courts III. State Appeals Courts a. Appellate b. Only decides legal questions c. Judges don’t make factual findings & no jury d. Can correct legal errors made by trial judge e. Also hear from administrative agency IV. State Court Jurisdiction and Venue a. Parties cannot sue in any courts, courts need to have the right jurisdiction b. Plaintiff vs. defendants c. Needs to have both subject-matter jurisdiction d. Either in personam or in rem jurisdiction e. Also need to meet venue requirement V. Subject-Matter Jurisdiction a. Court’s power to decide the type of dispute involved in the case b. Exp. Criminal courts cannot hear civil matter, and $500,000 case cannot be heard in small clams court VI. In Personam Jurisdiction a.
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