LGS 200Exam # 1 Study Guide Chapters: 1 - 4Law = 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 group4 Sources of Primary Law:1. The U.S. Constitution and the constitutions of the various states2. Statutory Law – including laws passed by Congress, state legislatures, or local governing bodies3. 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 constitutionsStatutory 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 lawo 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 lawAdministrative 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 agencieso Subject to authority of the president (who can appoint and remove officers of federal agencies)- Federal level = independent regulatory agencieso Officers serve for fixed terms and cannot be removed without just causeCase/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 provisionsSubstantive Law = consists of all laws that define, describe, regulate, and create legal rights and obligationsProcedural Law = consists of all laws that delineate the methods of enforcing the rights established by substantive lawCivil 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 complywith a duty or pay for the damage caused by failure to comply with a dutyCriminal 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 foundJudicial 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. MadisonJurisdiction = 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 geographicareao 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 hearo Certain courts are empowered to hear certain kinds of disputeso General Jurisdiction = a court can decide cases involving a board array of issues Example: state trial court or federal district courto 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 Bankruptcy court = handle only bankruptcy proceedings o 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 reviewo 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 geographicneighborhood (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 endsState Court Systems:1. Local trial courts of limited jurisdiction2. State trial courts of general jurisdiction3. 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 courtso Small claims courts are inferior trial courts that hear only civil cases involving claims of less than a certain amountAppellate Courts = focus on questions of law, not questions of fact- Question of law concerns the application or