intro to law book notes

intro to law book notes - Intro to law CHAPTER 1 book notes...

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Intro to law CHAPTER 1 book notes LAW- enforceable rules governing relationships among individuals and between individuals and their society---- establish rights, duties, privileges consistent with values of society Jurisprudence - the science or philosophy of law Natural law- belief that government and legal system should reflect universal moral and ethical princiles that are inherent in human nature Positive law- (national law)- conventional/written law of society -legal positivism- no law higher than positive law of nation (laws must be obeyed even if unjust) historical school- school of legal though emphasizingevolutionary process of law legal realism - 20s-60s---less abstract/more realistic approach to law sociological school - views law as tool to promote justice breach - fails to perform a legal obligation ethics- what constitutes right and wrong PRIMARY SOURCES OF LAW US constitution and state constitutions Statutes, law passed by congress Regulations created by administrative agencies Case law (court decisions) SECONDARY SOURCES OF LAW Publication that summarizes/interprets law- legal encycopedias, law reviews, etc CONSTITUIONAL LAW (laws declared unconstitutional) STATUTORY LAW -body of law enacted by legislative body – when legislature passes statute, is included in federal code of laws------citation---is reference to publication in which legal authority can be found -includes ordinances--- statutes passed by municipal/county governing units to overn matters not covered by fed/state law (ie building safety codes, etc(fed statute applies to all states) UNIFORM LAW Model statutes that states may adopt ADMINISTRATIVE LAW Body of law created to carry out duties and responsibilities—ie hiring and firing procedure, relations w employees, etc Executive agency- in executive branch CASE LAW
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Rules of law announced in court decisions—all areas not covered by statutory or administrative law COMMON LAW Developed from custom/judicial decisions in English/US courts Precedent- court decision that furnishes an example or authority for deciding cases involving identical/similar fact STARE DECISIS Common law doctrine under which judges are obligated to follow precedents established in prior decisions (stand on decided cases) -jurisdiction- refers to an area in which a court has power to apply the law stare decisis 1) decisions made by higher court are binding on lower courts 2) court should not overturn its own precdents unless strong reason to do so -helps because since deciding in same patter, opinions and reasoning serve as guide binding authority- court MUST follow statute, regulation, etc departure from Precedent—ie brown v board of ed when there is no precedent—PERSUASIVE AUTHORITY- legal authority or source of law that a court may look to for guidance but on which it need not rely in making its decision
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intro to law book notes - Intro to law CHAPTER 1 book notes...

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