KIN353Exam1 - Law -A complex system of principles/rules...

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Law -A complex system of principles/rules established/enforced 2 regulate human Behavior -provides predictability, accountability, justice, compassion Increase in litigation -Big $$ settlements -more attorneys -higher med. Costs -socially acceptable -easier to sue -more participation -95% of cases don’t go to court out of court settlements avg: $20-30k US Legal System -adversarial parties presented by lawyers take opposing sides when they appear b4 judge or jury -picture w/branch, source, type, role Constitution -foundational doc basic operating principles on gov. with limits on power Statutes -written laws created by legislatures Regulations -Rules created to operationalize statutes Function of US court system -admin state/nat. laws -resolve disputes among parties -interpret intent of law in deciding a case Court Systems -state/fed/admin -jurisdiction = authority to hear a case State -jurisdiction over cases involving events in that state -parties have to reside or conduct business in that state Fed Constitution Fed law Patent, tax, copyright, maritime, bankruptcy Disputes between citizens of diff. states Diversity of citizenship jurisdiction Dispute greater than $75k Supreme Court -9 justices: Chief Justice & 8 associates -appointed by Pres for life -decisions bind all courts Writ of Certiorari -Court of last resort is SC
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-SC will issue a writ of certiorari to hear the case -4 of 9 must approve to hear the case Admin Court System -Jurisdiction over admin law -Create & enforce rules IRS, FTC, Nat. Labor relations board Types of Law -Common/statutory/constitutional sub: admin law Common Law -English everywhere except LA (French) -Comprised of legal principles based on precedent Fundamental principles of common law -Stare decisis: let the decision stand from previous cases -precedent: rule/example followed by court of same/lower rank Precedent -written decisions = opinions binding authority to all other courts -opinions bind future decision of lower courts w/in same jurisdiction -opinions outside a jurisdiction could be “persuasive authority” Stare Decisis & Precedent -uniformity/stability/predictability of the law -law changes slowly -common law = interpretive process analogize vs. distinguish Administrative Law (1/21) -Laws/rules/regulations developed/adopted/enforced by gov. agency Title IX, employment Ex: National Labor Relations Board, Fed. AViaion Admin., OSHA Other types of law Maritime law Admiralty Law Court of Arbitration for International Sports (CAS) Criminal vs. Civil Criminal Regulate conduct enforced by gov Crime against the ppl represented by prosecutor Guilt must be 100% Punishment: jailtime, community service, fines, probation Civil Making the person whole Initiated to right or gain compensation for an alleged wrong Jury requires majority Terminology associated w/Legal process Plaintiff Defendant
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Statute of limitations Complaint
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This note was uploaded on 06/15/2011 for the course KIN 350 taught by Professor Warner during the Fall '09 term at University of Texas at Austin.

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KIN353Exam1 - Law -A complex system of principles/rules...

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