11 18 2009 11 23 2009 Classification of the Law According to Source See Handout Judge Made Law o Common Law Forms the framework for US law Originated in England in the 12th and 13th centuries The law should be logical coherent and predictable The precision of stare decisis Latin for let the decision stand was established which is a rule of precedent which holds that judges must abide by previous rulings of the courts Arose because at times applications in the common law would create Equity law provides more flexible remedies than the common law o Equity Law injustice Constitutional Law Administrative Law Statutory Law Classification of Law Based on Subject Matter Criminal Law o Involves things such as theft physical harm property violation etc o The burden of proof is upon the state and guilt requires proof beyond reasonable doubt Civil Law o Regulates relationships among private individuals and businesses o Regulates matters such as marriage divorce contracts zoning accidents etc o Tort a private injury or wrongful act for which a civil action can be brought o Civil cases are based on a preponderance of the evidence o Plaintiff person doing the suing Dual System of Courts in the US State State Supreme Court Intermediate Appeals Court Basic Trial Courts OH Court of Common Pleas Federal US Supreme Court 12 Circuit Courts of Appeal US District Courts Trial Courts of Original Jurisdiction Cases Can Go to a Federal Court if The case involves a Constitutional issue A federal crime is committed such as treason terrorism kidnapping over state lines counterfeiting mail fraud bank robbery etc A civil suit involves more than 75 000 and the parties involved are from different states diversity of citizenship 11 18 2009 11 23 2009
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