Unit 1 exam study guide - Identify the various schools of jurisprudence and briefly describe themo 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 uponstilts."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 allowcitizens to own and carry fully automatic rifles.- Describe the ways in which law can be classifiedo 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 partiesas 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 propertyare two examples of this classification Property law: The law of the legal fence that establishes exclusive right insomeone 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 lawso 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 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.o 2. Legislation 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 corporationo 3. State Lawo- Explain property as discussed in chapter 1o 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 individual. Common Property: applies to resources like land that more than one individual owns jointly. - Understand dicta and stare decisis and their place in our legal systemo- 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 personalo 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 efficiencyo Personal jurisdiction: The power of a court over the parties involved in the litigation process. - 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 courtso- understand the power of judicial review and the philosophies of judicial restraint and judicial activismo- recognize the role of key personnel associated with the courtso- what is a lawyer’s first duty? Are attorneys required in us courts?o- Understand the concept of Attorney client privilege and the role it plays in our court systemo- Differentiate between a petit jury and a grand juryo- Understand how the roles of trial and appellate judges differo- understand how pretrial procedures, including pleadings, discovery, and motions, affect litigationo- what is the purpose of discovery? Of a deposition? A request for admissions? What things are discoverable?o- What is the standard of evidence or burden of proof for criminal and civil cases?o- understand the litigation process and the parties to a caseo- what is a statute of limitations and how does it work?o- recognize the major steps in a civil trial o- discuss how issues such as standing and personal jurisdiction can affect