LGS 200 Exam 1 Study Guide Chapters 1 4 Law consists of enforceable rules governing relationships among individuals and between individuals and their society They establish rights duties and privileges that are consistent with the values and beliefs of their society or its ruling group 4 Sources of Primary Law 1 The U S Constitution and the constitutions of the various states 2 Statutory Law including laws passed by Congress state legislatures or local governing bodies 3 Regulations created by administrative agencies ex Food and Drug Administration 4 Case law and common law doctrines Secondary sources of law are books and articles that summarize and clarify the primary sources of law like legal encyclopedias Constitutional Law the law as expressed in these constitutions Statutory Law laws enacted by legislative bodies at any level of government such as the statues passed by Congress or by state legislatures Ordinances statutes laws rules or orders passed by municipal or county governing units to govern matters not covered by federal or state law o Usually have to do with city or county land use zoning ordinances building and safety codes etc Uniform Law Model laws Each state has the option of adopting or rejecting a uniform law Only if state legislature adopts a uniform law does that law become part of the statutory law of that state A state may adopt all or part of the uniform law Administrative Law consists of rules orders and decisions of administrative agencies An administrative agency is a federal state or local government agency established to perform a specific function National level executive agencies o Subject to authority of the president who can appoint and remove officers of federal agencies Federal level independent regulatory agencies o Officers serve for fixed terms and cannot be removed without just cause Case Common Law the body of law developed from custom or judicial decision in English and U S courts not attributable to a legislature The rules of law announced in court decisions Case law includes the aggregate of reported cases that interpret judicial precedents statues regulations and constitutional provisions Substantive Law consists of all laws that define describe regulate and create legal rights and obligations Procedural Law consists of all laws that delineate the methods of enforcing the rights established by substantive law Civil Law spells out the rights and duties that exist between persons and between persons and their governments and the relief available when a person s rights are violated Typically a private party sues another private party in order to make that other party comply with a duty or pay for the damage caused by failure to comply with a duty Criminal Law concerned with the wrongs committed against the public as a whole Defined and prohibited by local state or federal government statutes Criminal defendants are prosecuted by public officials such as district attorney on behalf of the state not by their victims or other private parties Citation a reference to a publication in which a legal authority such as statute or a court decision can be found Judicial review the process by which courts decide on the constitutionality of legislative enactments and actions of the executive branch The power of judicial review enables the judicial branch to act as a check on the other two branches of government Not in constitution but in Supreme court case Marbury v Madison Jurisdiction the authority of the court to hear and decide a specific action juris means law and diction means to speak Interpret hear the facts apply applying law to factual statements Over the person o Personal jurisdiction over any person or business that resides in a certain geographic area o A state trial court normally has jurisdictional authority over residents including businesses of a particular area of that state such as county or district o Also can have jurisdiction over a thing or property Over subject matter o Refers to the limitations on the types of cases a court can hear o Certain courts are empowered to hear certain kinds of disputes o General Jurisdiction a court can decide cases involving a board array of issues o Example state trial court or federal district court Limited Jurisdiction Probate court state courts that handle only matters relating to the transfer of a person s assets and obligations after that person s death including issues relating to the custody and guardianship of children o Bankruptcy court handle only bankruptcy proceedings A court s jurisdiction over subject matter is usually defined in the statute or constitution creating the court Original exists with courts that have the authority to hear a case for the first time trial courts Appellate exists with courts of appeal and review o Generally appellate courts do not have original jurisdiction Venue concerned with the most appropriate location for a trial The concept of venue reflects the policy that a court trying a suit should be in the geographic neighborhood usually the county where the incident leading to the lawsuit occurred or where the parties involved in the lawsuit reside Venue in civil case is typically where the defendant resides Venue in a criminal case is typically where the crime occurred 14 days to appeal your case if you don t appeal then you re out whatever happened in district court is the result you are left with Brand new trial after limited trial ends State Court Systems 1 Local trial courts of limited jurisdiction 2 State trial courts of general jurisdiction 3 State courts of appeals intermediate appellate courts 4 State s highest court state supreme court Trial Courts courts in which trials are held and testimony is taken State trial courts either have limited or general jurisdiction Trial courts that have general jurisdiction as to subject matter may be called county district superior or circuit courts Courts of limited jurisdiction as to subject matter are often called special inferior trial courts or minor judiciary courts o Small claims courts are inferior trial courts that hear only civil cases involving claims of less than a certain amount Appellate Courts focus on questions of law not questions of fact Question of law concerns the application or interpretation of the law o Only judge or jury can rule on questions of law o Example whether burning a flag is a form of speech protected by First Amendment or not Question of fact deals with what really happened in