Unit 1 exam study guide Identify the various schools of jurisprudence and briefly describe them Describe the ways in which law can be classified o Natural Law School Assets that law contains universal moral principles these principles are observable in nature and we can determine them through human reason Human laws that contradict the principles of natural law are improper Think Aristotle and John Locke o Positive Law School Law is simply the command of the state backed up by force and punishments Contrary to natural law Idea of natural law as nonsense upon stilts o Historical School Contemporary law should focus on legal principles that have withstood the test of time in a nation Law reflects cultural traditions of a people and recognizes that different nations may have different traditions and consequently different laws o Sociological Jurisprudence Law can and should change to meet new developments of society Ex 2nd amendment should not be interpreted to allow citizens to own and carry fully automatic rifles o Common law That body of law deriving from judicial decisions as opposed to legislatively enacted statutes and administrative regulations o Civil law The area of law governing the rights and duties between private parties as compared with the criminal law This term also describes the system of codifying law in many countries as compared with the judicial orientation of the common law system o Public Law A classification of legal subject matters that regulates the relationship of individuals and organizations to society Constitutional Law The legal issues that arise from interpreting the U S Constitution or a state constitution Administrative law The legal principles involved in the workings of administrative agencies within the regulatory process Criminal law The area of law dealing with wrongs against the state as representative of the community as large to be distinguished from civil law which hears cases of wrongs against persons o Private law Classification of legal subject matters that deals most directly with relationships between legal entities The law of contracts and the law of property are two examples of this classification Property law The law of the legal fence that establishes exclusive right in someone called an owner Contract law The law of legally enforceable promises Tort law Helps protect property boundaries by providing compensation when someone wrongfully crosses such boundaries o Substantive law A body of rules defining the nature and extent of legal rights o Procedural law The body of rules governing the manner in which legal claims are enforced Understand the hierarchy of the various sources of laws o Means that if a lower source of law conflicts with a higher source of law it is legally void that is the higher course trumps or prevails over the lower o 1 Constitution o 2 Legislation Federal Law Includes the Constitution Any law federal or state that conflicts with the constitution is said to be void and has no legal effect Laws passed by an elected body such as Congress a state legislation or local council commission Those laws enacted at the federal and state levels are called statutes At the local level such laws are often referred to as ordinances Acts and Statutes Legislation proposed by congress Code A compilation of legislation enacted by a federal state or local government Ordinance The legislative enactment of a city county or other municipal corporation o 3 State Law o Explain property as discussed in chapter 1 o Property is a bundle of private exclusive rights in people to acquire possess use and transfer scarce resources Something that is owned Ownership Exclusive legal right to possess transfer and use resources It is a synonym for property The right to turn to public authorities like the police or courts to help you keep others from interfering with what you own Public Property applies to public resources owned by the government or state like roads public buildings public lands and monuments Private Property applies to public resources owned that you own as an Common Property applies to resources like land that more than one individual individual owns jointly Understand dicta and stare decisis and their place in our legal system Define tort sanction remedy in law and or equity o Tort helps protect property boundaries by providing compensation when someone wrongfully crosses such boundaries o Sanction Penalties imposed for violation of a law o Remedy The action or procedure that is followed in order to enforce a right or to obtain damages for injury to a right the means by which a right is enforced or the violation of a right is prevented redressed or compensated Jurisdiction Federal and state subject matter and personal o Subject matter jurisdiction The authority of a court to hear cases involving specific issues of law General power to hear any type of case Limited power to hear only certain types of cases Limited as to subject matter amount of controversy or area in which the parties live Creates order and efficiency litigation process o Personal jurisdiction The power of a court over the parties involved in the Know the organization of the federal and state court system from the Supreme Court down to small claims understand the interaction of federal and state courts understand the power of judicial review and the philosophies of judicial restraint and judicial activism recognize the role of key personnel associated with the courts o o o o what is a lawyer s first duty Are attorneys required in us courts Understand the concept of Attorney client privilege and the role it plays in our court system o Differentiate between a petit jury and a grand jury Understand how the roles of trial and appellate judges differ understand how pretrial procedures including pleadings discovery and motions affect litigation o what is the purpose of discovery Of a deposition A request for admissions What things are discoverable What is the standard of evidence or burden of proof for criminal and civil cases understand the litigation process and the parties to a case what is a statute of limitations and how does it work recognize the major steps in a civil trial discuss how issues such as standing and personal jurisdiction can affect litigation o If a plaintiff has standing to sue the court next must determine if it has personal jurisdiction over the defendant o Standing to sue The requirement that a plaintiff must satisfy by demonstrating a personal