HOW TO USE THIS STUDY GUIDE Professor Gladwin provided the topics that we should study with the corresponding page number for the textbook Below each topic are notes that I compiled from the textbook including charts that I scanned and from his lectures Anything that is highlighted in yellow is a topic that appeared on his test On the last page of my notes I typed up some of the questions that I remember were on the test and I also included information about the test such as the number of questions and the types of questions Hope this helps Chapter 1 Law and Legal Reasoning Sources of American Law pgs 3 6 o Primary sources of law sources that establish the law binding 1 Constitutional Law the U S Constitution and constitutions of states 2 Statutory Law laws enacted by legislative bodies at any level of government such as statutes passed by Congress state legislatures or local governing bodies 3 Administrative Law regulations created by administrative agencies i e Food and Drug Administration 4 Case Law Common Law Doctrines rules of law announced in court decisions judge made law Today it is called case law doctrines and principles announced in Include interpretations of constitutional provisions statutes enacted by legislatures and of regulations created by administrative agencies cases governs all areas not covered by statutory and administrative o Secondary laws books and articles that summarize and clarify the primary sources of law ex Encyclopedias treatises articles in law reviews and compilations of law not binding 3 Classifications of Law 1 Substantive Law law that defines the rights and duties of individuals with respect to each other as opposed to procedural law which defines the manner in which these rights and duties may be enforced Procedural Law rules that define the manner in which the rights and duties of individuals may be enforced 2 Civil law the branch of law dealing with the definition and enforcement of all private or public rights as opposed to criminal matters Criminal Law law that defines and governs actions that constitute crimes Generally criminal law has to do with wrongful actions committed against society for which society demands for redress 3 Cyberlaw informal term used to refer to all laws governing electronic communications and transactions particularly those conducted via the Internet New form of law it will always be catching up to technology State and Local Agencies and Federal Agencies pg 5 o State and Local Agencies Commonly created as a parallel to a federal agency i e state pollution control agency created as parallel to Environmental Protection Agency Fed agency regulations take precedence over conflicting state regulations o Federal Agencies at the national level the cabinet departments of the executive branch include numerous executive agencies ex The U S Food and Drug Administration is an agency within the U S Department of Health and Human Services Executive agencies are subject to the authority of the president who There are also independent regulatory agencies at fed level i e has the power to appoint and remove their officers Federal Trade Commission SEC President s power is less pronounced Officers serve fixed terms can t be removed without just cause Remedies in Equity when when not authorized granted pgs 7 10 o Remedy at law a remedy available in a court of law Money damages are awarded as a remedy at law o Remedies in Equity a remedy allowed by the courts in situations where remedies at law are not appropriate Remedies include specific performance injunction and rescission 1 Specific performance involves ordering a party to perform an agreement as promised Injunction an order to a party to cease engaging in a specific 2 activity or to undo some wrong or injury 3 Rescission the cancellation of a contractual obligation Courts will not grant equitable remedies unless the remedy at law 1 Ex Ted forms contract to buy parcel of land seller breaches monetary damages is inadequate Ted sues for down payment he made on land but he wants more he wants the court to order the seller to perform the contract in other words he want the court to grant the equitable remedy of specific performance because monetary damages are inadequate in this situation Equitable Maxims focus on numbers 4 5 6 in chart pg 7 o Equitable maxims propositions or general statements of equitable truths o CHART ON PG 7 4 Equity will not suffer a wrong to be without a remedy equitable relief will be awarded when there is a right to relief and there is no adequate remedy at law 5 Equity regards substance rather than form Equity is more concerned with fairness and justice than with legal technicalities 6 Equity aids the vigilant not those who rest on their rights Equity will not help those who neglect their rights for an unreasonable period of time Stare Decisis and Common Law Tradition aspects of State Decisis pgs 8 10 o Stare decisis a common law doctrine under which judges are obligated to follow the precedents established in prior decisions Latin phrase meaning to stand on decided cases Judges are obligated to follow the precedents established within their jurisdictions geographic area in which a court or courts have the power to apply the law Stare decisis has 2 aspects 1 A court should not overturn its own precedents unless there is a 2 Decisions made by a higher court are binding on lower courts compelling reason to do so Makes law more stable and predictable Helps courts to be more efficient o Binding authority any source of law that a court must follow when Constitutions statutes regulations that govern the issue being deciding a case decided and court decisions are controlling precedents within the jurisdiction Supreme Court case decisions remain controlling until they are overruled by a subsequent decision of the Supreme Court Civil and Criminal Law pg 13 o Criminal Law concerned with wrongs committed against the public as a whole o state is moving party government is plaintiff ex the case against Dalvin Cook only o criminal acts defined and prohibited by local state or fed government statutes criminal defendants are thus prosecuted by public officials such as a District Attorney not by their victims With a criminal case someone may lose their life or be o must be beyond reasonable doubt sentenced to life in prison o Felony more serious crimes 1 years of jail o Misdemeanor fines and up to 1 year of jail o Damages are prison or death o Civil Law spells out rights
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