Take note outline - Week 1 What is Law Establishes...

Info icon This preview shows pages 1–2. Sign up to view the full content.

Week 1 What is Law Establishes relationships between parties Law vs Equity Substantive vs Procedural Criminal vs Civil Developed Law Common Law Enacted Law Interplay between satutes and the common law Legislature can change the common law by statute Legislature can “Legislate” the common law by statute ( UCC) Courts interpret statute ( State vs Blowers) Do courts abandon precedent? Week 2 Interplay between the Statutes and the common law Legislature can change common law by statute Legislature can “legislate” the common law by statute Court can interpret statute Do courts abaondon precedent (Gallagher vs St Raymonds) What cases Change in the Law? Social development or social evolution Increase in scientific knowledge (Gallagher) “stress” in society (USA PATRIOT ACT) American Judicial System Jurisdiction Standing Preemption Jurisdiction (particular courts “power to speak the law”) Subject matter jurisdiction In personam jurisdiction In rem jurisdiction Long arm statutes Standing Legal right to make a challenge or file a law suit To have a standing, a party must show: Standing can be conferred by statute (The Cetacean Community v Bush) Preemption A judicial doctrine asserting supremacy of federal over state legislation covering the same subject matter
Image of page 1

Info icon This preview has intentionally blurred sections. Sign up to view the full version.

Image of page 2
This is the end of the preview. Sign up to access the rest of the document.
  • Fall '07
  • GROSSMAN,D.

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern