A writ of garnishment orders a third party holding property belonging to the

A writ of garnishment orders a third party holding

This preview shows page 8 - 10 out of 61 pages.

A writ of garnishment orders a third party holding property belonging to the defendant to deliver the property to the custody of the Court. 5) Sources of Law Basics of Law · Petition includes allegations that would lead to plaintiff winning and contains a prayer for relief (what does the Plaintiff want? Money? The Judge to intervene?) · Answer includes defendant’s version of the facts and other facts that the Defendant wants to contribute. · Then discovery: find all the facts via various discovery techniques (depos, RFP, RFA, interrogatories, etc.) · Then comes summary judgment motions (“we don’t need a trial”), but this only happens if there is no real question to any fact. · Then comes the trial, mostly heard by juries. Voir dire, opening arguments, plaintiff presents evidence through witnesses, and then sometimes a directed verdict, then defendant presents case through witnesses, then closing, jury instructions from Judge, then the jury makes their decisions. Then often cases are brought up on appeal. Processes by which a law is made: · Formulation of rules by the Courts in decided cases coming before them in areas of law in which no statues apply · The enactment and interpretation by courts of statutes. · The interpretation and application of constitutional provisions · Promulgation of rules and regulations by administrative agencies Most branches of government are stator by nature, but several branches are still essentially common law in nature in 49 states . Types of Precedent: Authority originating in courts above the trial court in the appellate chain is called mandatory authority, as in the judge must follow it. If there is no precedent in the state of the legal question presented, then the judge may examine the decisions of courts of other states. But, the majesty of the common law lies in its flexibility and adaptability. BUT, many activities are of such a nature that they can hardly be regulated by common law principles and the judicial processes. The legislature can also expresses change common law rules when it believes that such a modification is necessary. Limitations on Legislative Bodies - Procedural requirements - Requirements of certainty (all statutes are subject to the general principle of constitutional law that they be “reasonably definite and certain.”) 6) Statutory Interpretation Statutes are occasionally so clear that it is obvious how they resolve a particular question. In such cases, courts often invoke the plain meaning rule. However, much more commonly it is not clear how a statute applies to a particular set of facts. Courts are required to engage in the process of statutory interpretation where their objective is not to interpret a statute in the way the judges think it should have been written but, instead, in the way the judges think that the legislature would have wanted it applied. This search for legislative
Image of page 8
intent often involves studying legislative history, examining the purpose for which the law was enacted, and even using rules of grammar and punctuation. Two common rules of
Image of page 9
Image of page 10

You've reached the end of your free preview.

Want to read all 61 pages?

  • Spring '08
  • BREDESON
  • Law, Common Law, Supreme Court of the United States

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture

Stuck? We have tutors online 24/7 who can help you get unstuck.
A+ icon
Ask Expert Tutors You can ask You can ask You can ask (will expire )
Answers in as fast as 15 minutes