BUSA 2106 1st EditionLecture 5 Outline of Last Lecture I. Define and classify lawII. Identify sources of lawOutline of Current Lecture III. Understand basic legal terminologyIV. Understand the structure of the court systemCurrent Lecture: Stare decisis, precedent, authority- Stare decisis : “To stand on decided cases.”- Precedent: decided cases- Authority – Binding authority: decisions by courts of higher rank – Persuasive authority: when there is no binding authorityOther categories of law (Key terms)• Civil law• Criminal law• International and foreign law• Domestic law Civil and criminal law• Civil law: concerns the legal relationships, rights, and duties between individuals• Criminal law: concerns wrongs committed by individuals against society• Different terminology, players, procedures, different punishments International and foreign law• International law:– Treaties– Conventions of international organizations (UN)– Once ratified, treated as domestic statutory law Foreign law:– The law of other countries– Relevance to the U.S. legal system? Jurisprudence- Beliefs about the fundamental nature of law. – Natural law: Laws should be consistent with a basic set of human rights thatare higher than any nation’s laws. – Legal positivism: All rights come from the law. There is no higher law than anation’s own laws. Jurisprudence (Con’t)• Historical school/ originalism: Law is a product of historical development. Judges should look to the past in interpreting the law today. • Legal realism/ sociological school: Law is shaped by social forces and needs, and should be interpreted according to today’s values. Structure of the law structure of the court system • Who can sue? • In which court? • How does a lawsuit work? • How does an appeal work?– Civil law (separate rules for criminal law)Legal terminology• Case name: Peters v. Ditmars– Who is thePLAINTIFF is the one filing the law suit, there name is the first on the case.– Who is the DEFENDANT is the one who is being sued• Standing:– Only parties with sufficient personal interest in the outcome of a case have “standing” to sue.– Real injury/ harm; no hypothetical
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