exam 1 review

exam 1 review - B LAW EXAM I REVIEW Chapter 1 Law: a body...

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BLAW EXAM I REVIEW Chapter 1 Law: a body of rules; a system that gives order to society; and a system of moral conduct by which society receives justice. There isn’t a politically accepted definition. Ethics: a section of philosophy which embodies the principles used to differentiate right from wrong. They set a standard for determining right and wrong by making reflective choices and by directing a choice of action toward what is right or good – to have a higher vision of what is good; involving a moral base. Example is the golden rule. Sources of Law: A. FEDERAL LAW 1. US Constitution 2. Federal Statutes – statutes are laws passed by a legislative body, Congress in this case. 3. Federal Case Law (Common Law) – decisions of the Federal Courts a. US Supreme Court b. Federal Circuit Courts of Appeal c. Federal District Courts (trial courts) 4. Administrative Law – administrative rules and regulations B. STATE LAW 1. Nebraska Constitution 2. Nebraska Statutes 3. Nebraska case Law (Common Law) – decisions of the Nebraska Supreme Court
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4. Administrative Law – administrative rules and regulations C. LOCAL LAW 1. City/County Ordinances – an ordinance is a law enacted by a city or county legislative body Supremacy Doctrine - Federal controls over state law. - EX: The standards set by federal fair housing laws must at least be met by state fair housing laws. - State law standards could exceed the federal law standards. Doctrine of Stare Decisis = “let the decision stand” - Creates a “legal precedent” from the court’s decision in a case. - When certain courts render a decision, all of the courts within that jurisdiction will then apply this same decision to any cases that come up in the future that have the identical set of facts (cases that are “on all fours”) Substantial Law - defines, creates, describes and regulates legal rights and obligations - rules that define rights and duties - ex: contract law, criminal law, constitutional law, labor law, securities regulation, environmental law Procedural Law - establishes and regulates methods of initiating and processing legal court cases and enforcing the decisions in court cases
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- processes to enforce legal rights - how cases are processed/play out - rules that define manner in which rights and duties are enforced - ex: civil procedure, criminal procedure, rules of evidence, appellate procedure, administrative law, court orders, etc Civil Law - involves the legal rights and duties that exist among person or between citizens and their government - ex: contract law, corporate law, partnership law, many of the administrative agency regulatory laws, etc Criminal Law - Involves violations or wrongs committed by a person against society (violations of laws enacted by the state) which are enforced by prosecution by the state. Protection against litigation: “get your piece of paper.” Produce a contemporaneous
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This note was uploaded on 09/26/2011 for the course BLAW 371 taught by Professor Brown during the Spring '11 term at UNL.

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exam 1 review - B LAW EXAM I REVIEW Chapter 1 Law: a body...

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