First president John Huntington First Democracy Greece First Democracy in United States Pirates even allowed women to vote Legislative Executive Judicial and administration like IRS Court system Lawyer Trial Courts o o o State and federal People testify College Degree 4yrs Law degree 3 yrs 4yrs Cannot practice till Bar exam Essay Multiple choice same per state Essays o o o Magistrates or Judges not Juries determines most court cases Types of Law Procedural law process be fundamentally fair Substance of law rights and responsibilities to men and women Due Process Fundamental Fairness Appeal Courts o o o No testimonies No documents Review trial courts decisions Right to know what government is attempting to do a personal impact Judge has to be impartial Fundamental fairness in our laws The defendant must have the paperwork served on him Being served until the person has been served the court does not have power over them Cival Cases Sometimes they can notify the person via newspapers final way 1 2 3 4 5 6 Appellant Losing party at the district court level Appellee The prevailing party in the district court who is responding to appellant Appeal To ask higher court to decided whether the inferior court made a legal mistake higher court will review the case Dissent to disagree both with the result and the legal reasoning of the majority opinion Opinion The court s decision in the case Petitioner The losing party in the court of appeals that asks the Supreme Court to decide whether the lower court made a mistake Respondent the prevailing party in the court of appeals who is responding to the petitioner Reversed what an appeals court says when it disagrees with the court beneath it If it agrees with the lower court it says affirmed Soverign Immunity The legal protection that prevents a sovereign state or person from being sued without consent Common Law Emphasizes the rule of Judges in determining the meaning of law A compilation of history of that legal issue As our values change the court system by Judicial Mandate make decisions that have a presidential effect Example stopping an African American because he s in a Caucasian area of town for no other reason but his skin color Civil Law relies more on legislation than judicial decisions for law Legal disputes that are non criminal in nature Monetary Amount No punishments Defining parties rights and responsibilities Contracts bonded agreements Torts personal injuries or damages death money or getting it restored to as near condition it was prior to tort Lawsuits about property Public Law includes Constitutional Law administrative law and criminal law Economic Poverty is the root of hunger disease discontent despair revolution and terrorism Dependency Theory Economically strong countries exploit the resources and labor of weaker nations through trader Natural Resources Education and Technology Climate Private Markets Law and the legal system A framework of law is necessary for maximum incentive to entrepreneurs investors and invertors and secures the element of trust and certainty that are vital to economic transactions among strangers Law Property o o o Made up of rules Rules enforced by the state and enforcement Comes from the state and written down Promptly and fairly enforced Rule of Law laws that are made are generally and equally applicable they apply to all or most members of society and they apply to various groups in the same way Legal right that allows you to exclude others from your resources Makes it Yours includes human rights Liberty Ownership Central Concept of Western Legal systems Constitutional Law interpretation and application of either the federal or state s constitutions Administrative and Regulatory Law covers the legal principles that apply to government agencies bureaus boards or commissions Criminal Law Offenses against the proper order of the state Jail Time Punishment mirrors offense Two Parties Plaintiff Government and Defendant Accused o o o o o o o o o o o o o o o Quantity of evidence is more significant Beyond reasonable doubt only one reasonable explanation Misdemeanors and Felonies o County Jail Vs Prison Tort Law establishes rules of how owner s legal boundaries are wrongfully crossed Law of Business Organizations identifies how people can own and use resources in groups Contract Law rules of how owners transfer resources Private Law includes Tort law contract law and property law Property Law recognition of exclusive right in both tangible and intangible resources Jurisprudence Schools of Law Natural Law Universal and Moral Principles observable in nature Positive Law Commands of the state backed up and forced by punishment Historical School Contemporary Law should focus on legal principles that have withstood the test of time of a nation Sociological Jurisprudence Law should change and meet the new developments in a society Legal Realism Examines what police administrators prosecutors and judges are actually doing as they enforce interoperate and apply laws Substantive Law defines Legal relationship of people with other people or between them and the state Procedural Law method and means by which substantive law is made and administered Federal Law o Constitution Supreme Law of the nation Constitution and 27 Amendments first 10 amendments are Bill of Rights Not a perfect document Political Document suspicion if it would pass An evolving process that seeks to make us better people As our values and beliefs improve hopefully so do our laws o Legislation passed by congress also called acts statues and Codes a bunch Acts Statues Federal Laws Codes State Ordinances Local Uniform Commercial Code UCC Ordinance Laws in Counties or Cities Must follow the Federal Constitution State Law o o o Stare Decisis o o o o Doctrine of prior precedents Let the prior word stand People became secure in their right to property and willing to invest Disadvantages Volume of Cases Conflicting precedents Dicta whatever else the court says Sources of Law Hierarchy in review US Constitution and Amendments Statutes Federal Admin Regulations State Constitutions Legal Sanctions Methods to encourage or force compliance with the obedience to the law Used against people whom do not comply with the law 14th amendment Examples Death Imprisonment Fine Compensatory Damages Tort Civil wrong other than a breach of contract Ex Crossing of property boundaries Intentional Torts Negligence accidents Strict Liability Rejection of precedent
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