b law test sheet - Chapter 1- Introduction and background...

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Chapter 1 - Introduction and background of law Binding authority- any source of law a court must follow when deciding a case. Case on point - decided cases that are most similar to case at hand to assist in the decision of the courts. Common Law- law that is derived from customs and judicial precedent, not legislature Civil law - spells out the rights existing between persons and society with relief available upon sentencing with violation Criminal Law - wrongs committed against the public as a whole (define by local/state/federal law) Criminal vs. Civil- laws society create (Crime- individual vs. state) law between two entities (Tort-person vs. person Law- Enforceable rules governing relationships between individuals and society Persuasive authority- nonbinding legal authority individuals that judges can rely on for guidance while deciding a case Precedent -a decision that is used as an example for deciding subsequent similar cases Procedural Law -laws that describe methods of enforcing substantive law(right to object to a sentence) Remedies at law -English courts, one wrongs another, can be awarded land, items of value, money (most common today) Remedies in equity - granted by the equity courts. They include (1. Specific performance: ordering a party to perform an agreement as promised 2. Injunction- ordering a party to cease engaging in a specific activity or to undo some wrong 3.Recission- cancellation of a contractual obligation) Statute of Limitations - sets the maximum period of time after a certain event that it can be brought to courts or enforced Stare Decisis- doctrine in which judges are obligated to follow the precedents established in prior decisions Substantive Law - laws that define/describe/regulate/create legal rights 3 sources of law- Constitution/statutes/judicial decisions 7 functions of law -(order/safety/planning/dispute/resolution/liberty/freedom/social justice) Chapter 2 - courts Alternate Dispute Mechanisms: ( Negotiation- Informally settle dispute. Mediation- parties attempt to resolve w/ mediator to assist. Arbitration- people hear dispute and make decision) Checks/Balances- judicial Review enables the judicial branch to act as check and balance, have right to overturn trial court decision Federal Court System- ( 1. US district courts 2.US courts of appeals 3.US supreme Courts) Federal Diversity Jurisdiction - deals with local jury bias, diversifies jury members to protect against local bias. Must exceed $75,000 to invoke In persona- Personal In Rem- Property Judicial review- process where courts decide the constitutionality of actions of legislative/executive branches Jurisdiction-“ the power to speak the law”- power of a court to hear/decide a case’s outcome Long Arm Statute -court exercising personal jurisdiction over certain out of state defendants based on activities taken place within the state Minimum contacts requirement.- corporation does business within state, or places its goods into stream of commerce with intent to be sold in state. Personal jurisdiction
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This note was uploaded on 04/04/2012 for the course BLAW 210 taught by Professor Mumford during the Spring '08 term at Washington State University .

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