The Judiciary notes

The Judiciary notes - The Judiciary Laws-rules of conduct...

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The Judiciary Laws-rules of conduct that exist in society, that are backed by the authority of the com- munity. They bind both gov't and ppl, and are especially important when dealing with the rule of law -Positive vs. Natural Law => Positive laws are man-made laws; how the ruled and ppl who rule agree to in- teract. => natural law; "higher law"; things that we intrinsically recognize as just and law- ful; the rules of justice that are discernable by reason -Common Law vs. Civil Law/Roman Laws => Common laws are laws made by the bench; based on custom and tradition; the decision-making mode that is used is precedent. -Lord Edward Coke (1552-1634); member of Parliament and chief justice of the court of common pleas; declared the king was also bound by law; compiled and organized a set of precedents, from which he and other justices used to adjudicate. -Sir WIlliam Blackstone (1723-1780); explained and expanded the analys- is made by Coke in the Commentaries on the Laws of England; Still pillars of English and American law. -found in the US, Canada, England, Australia, New Zealand and Israel. -protects property rights => Civil Law/Roman Laws is law made by the political representatives of the people; dates to Emperor Justinian of Rome. -precise, simple, clear cut -found throughout continental Europe, Russia, South America, and Africa => Anglo-American system a marriage of Common and Civil law Categories of Law in the United States -Private vs. Public => Public laws that relate to the government which enforce it's authority; affects all members of society; ex: taxation, reg. of business, foreign policy => Private laws are laws that deal with the relationships between private citizens; most of the judgments that come down affect only plantiff and defendants -Criminal vs. Civil Law => Criminal law, punishments are handed out as felonies and misdemeanors => Civil laws relate to things like contracts, property, domestic relations; monet- ary compensation are punishments handed out -Sources of Law => US Constitution -state constitutions; establish basic rules about gov't power and rules of operation. US Constitution is oldest continuous constitution in the world => Statutes; laws passed by legislatures, generally directed toward individuals;
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prohibit a form of conduct or provide a benefit. Tend to be general in nature; up to ad- ministrative agency in bureaucracy to determine how to execute => Executive orders; orders that come down from the Office of the President -two kinds: act as either administrative regulation, or as statutes => Court decisions; when interpreting laws, courts also make laws, which then have to be followed -Institution of Courts => most common are trial courts; first to hear cases, use testimony of witnesses, usually with a single judge presiding => appellate courts; review the decisions of the lower courts. -When reviewing, review to make sure correct laws were applied; more
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The Judiciary notes - The Judiciary Laws-rules of conduct...

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