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

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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 To determine if preemption appropriate, court requires: (federal pesticide legislation)
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Take note outline - Week 1 What is Law Establishes...

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