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Exam 1 Review Sheet

Exam 1 Review Sheet - BA 241 Review Sheet Exam 1 Chapter 1...

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BA 241 Review Sheet Exam 1 Chapter 1 - Introduction to Law and Legal Reasoning Function of Law: provide stability, predictability, and continuity so that people can be sure of how to order their affairs Law consists of enforceable rules governing relationships among individuals and between individuals and their society Rules that govern our conduct Jurisprudence: learning about different schools of jurisprudential thought and discovering how the approaches to law characteristic of each school can affect judicial decision making a judge’s function isn’t to make laws, but to interpret and apply them Briefing a case: way judges and lawyers look at cases 1. FACTS as found by judge/jury 2. Legal issues 3. Opinion 4. Decision (Relief) Parties to a lawsuit: participants in case Plaintiff: party that brings the suit (Greek letter π) Defendant: the party being sued (Greek letter Δ) Appellant: party that appeals case to a higher court Appellee: party that responds to the appeal Legislation = statute: written laws passed by the legislature Schools of Jurisprudential Thought: Natural Law School: we have enough natural intelligence (common knowledge) to decide what is right and what is wrong Positivist School: citizens should obey law put in place by the government Historical School: concentrates on origin and history of legal system o Influenced by common law (follow past decisions) Legal Realism: relies less on past cases, and approach each case without looking at similar decisions. Law should be adaptable to every case Sociological School: make a decision that will cause social change; law used as a tool promoting justice in society o More likely to depart from past decisions than are those jurists who adhere to the other schools of legal thought If any dispute cannot be resolved amicably, then the laws and the rules concerning courts and court procedures spell out the steps of a lawsuit. Sources of American Law: Statute overrides case law, but not constitution 1. U.S. Constitution 2. Statute Law (laws passed by Congress, state legislatures, or local governing bodies) 3. Regulations (administrative agencies) 4. Case law / common law doctrine Constitutional Law: o Law as expressed in constitutions created by federal and state governments o Unless it conflicts with the U.S. Constitution or a federal law, a state constitution is supreme within the state’s borders Statutory Law: o Laws enacted by legislative bodies at any level of government o Local ordinances – statutes passed by municipal or county governing units to govern matters not covered by federal or state law o City or county land use o Building and safety codes 1
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BA 241 Review Sheet Exam 1 o No federal statute may violate the U.S. Constitution and no state statute or local ordinance may violate the U.S. Constitution or relevant state constitution o Only if a state legislature adopts a uniform law does that law become part of the statutory law of
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Exam 1 Review Sheet - BA 241 Review Sheet Exam 1 Chapter 1...

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