LawForBusMidtermOne

LawForBusMidtermOne - Chapter One A. Modern System 1)...

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Chapter One A. Modern System 1) Statutory Law- made by the legislature a. There are three levels i. Federal (congress) ii. State (government) iii. City council (municipal) b. Bill – proposed law does not mean anything it’s only introduced c. Statute- when law is passed at the fed or state level d. Ordinance- passed by local government e. Example: washington v. glas, upskirt voyeurism we apply the statute of where the person is 2) Common Law- made by the judiciaries a. It is a judges duty to interpret the laws and to establish standards of care (decides whether it is good for the people) b. Court officers – swears witnesses in and keeps track of the exhibits and supervises the jury c. Stenographer- records the trial d. Example: ganey v. jets, what recourse does a ticket holder have if they lose their tickets? 3) Development of Law i. Magna Carta-m 1215 is when people began to have fundamental rights ii. Precedent- we rely on prior cases to make decisions on current cases (stare decises) 1. Provides predictability and uniformity in the law, changing precedent to reflect changing social norms B. Case Analysis
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1) Identifying Case a. The captions identifies the parties of the lawsuit (Goodwrich vs. Dept of Health, Plaintiff vs. Defendant, Appellant vs. Appellee) b. Underneath the caption is the citation which tells you where to find the case (14 Mass Law Reporter 591 (Mass 1983) , Volume Book Page State and year it was heard) 2) How to brief a case a. Action (just read through the case why is the lawsuit brought) b. Facts of the case (what happened ?) c. Issue for the court (legal question?) d. Court holding (what did the court say? 3) Opinions – judicial pronouncements are rendered in written explanations a. Top is the judges name who wrote decision (SC 9 judges, PA SC 7 judges) b. Types of Decisions i. Unanimous- all the judges agreed with the decision ii. Majority- most judges agreed iii. Concurring- judge who agreed with majority but for a different reason iv. Dissenting- judge who does not agree with decision and has opposite results c. Actions on appeal i. Affirm- agree with the lower court ii. Reverse- disagree with the lower court iii. Remand- send case back to trial judge d. Case of first impression- first time the court has made a decision like that 4) Status and Process- a concept that makes judicial decisions a little easier to understand a. We protect children, government, and family unit rather than people
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Chapter Two A. Public Law- involves the rights of society which are represented by the government 1) Crime- violation of those duties to his or her community and the breach to the offender to make satisfaction to the public (violation to the society, crimes are established by the legislature) a. Treason- only crime that is in the constitution Article 3 Section # waging war against country or aiding enemy i. Cannot be convicted unless 2 witnesses testify against person or accused confesses. ii.
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This note was uploaded on 03/29/2011 for the course LAW 1101 taught by Professor Hodge during the Spring '11 term at Temple.

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LawForBusMidtermOne - Chapter One A. Modern System 1)...

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