Land Use Law Study_Guide

Land Use Law Study_Guide - 1 Norms vs Public Policy v law...

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1. Norms vs. Public Policy v. law Norms (standard behavior – “ought to” w/ social sanctions); unenforceable, standard practice, normal behavior, “tend to” statements, “ought to” statements. Public Policy (norm formally adopted by state – generally legal); “ought to” norm adopted by state or other structure and put into law. Administrative rules for people & dealing with government. Repercussion different than a law. Law (norm of policy enforceable & sanctioned by state); judicial decision. Enforcement by sanctions of the state. Possibility to lose life, liberty, or property. Enforcement powered by states! Mechanism to resolve disputes! o Private: solve disputes btwn individuals; Tort Laws – manage contractual relationships o Public Laws: tell gov’t how to behave o Public Interest: geared towards larger sense of public welfare (environmental, labor, etc.) 2. Externalities: beneficial or harmful affects on surrounding areas or broader public; pigwaste 3. Types/Sources of law: constitutional (federal and state): Give power to gov. and then limit this power administrative - regulations (federal, state, local): Society too complex for all statutory law creation of agencies that are authorized to create laws; Administrative Court decisions are less deferential than legislative decisions state and federal statutes and local ordinances ): Adopted before the facts to regulate, can be adopted by all levels of gov. common law (e.g., contract law, property law): Judge made law, made after the facts of a specific case case law ; precedents: Judicial decisions fine tuning of statutory law 4. Litigation terms and legalese De novo review: New trial , provides for one form of trial, then another if a party remains unsatisfied with the decision, the same as if it had not been heard before and as if no decision previously had been rendered, all evidence can be considered newly; Usually granted if court made mistake. Appeal: Both appellant and respondent are bound to base their arguments wholly on the proceedings and body of evidence as they were presented in the lower tribunal, no new evidence Remand: Send case back to Trial Ct Vacate: Start case over again Deference: The extent to which a court respects the authority or validity of a government act or decision during the process of judicial review 1
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District court (federal): Trial Ct (State), first ct in the legal process, applies the facts of law, no interpretation Circuit court: Federal Appeal Ct. Appellate courts: Appeal if unhappy w/ district ct decision, looks for abuse of discretion, may: affirm, reverse, remand, vacate; one can go to appeal ct by right or permission (ct always reviews case before admission; checks that tiral court is doing what it should. Discretion of powers, abuse of discretion State supreme courts, US Supreme Court: Interpretation of Law , Judges appointed for life ct makes law State v. Federal Courts
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Land Use Law Study_Guide - 1 Norms vs Public Policy v law...

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