#1 Flashcards
Standard created the first time a certain type of case makes it to court
Precedent
Latin for already been decided
Stare Decisis
First Principle of Law
Official authority creates law
Second Principle of Law
Authority can enforce laws
Third Principle of Law
Regularity in the law-precedent
First Positive Function of Law
Provide Order and Predictability in Society
Second Positive Function of Law
Resolving Disputes
Third Positive Function of Law
Protecting Individuals and Property
Fourth Positive Function of Law
Providing for the General Welfare
Fifth Positive Function of Law
Protecting Individual Liberties
Multiple Sources of Law
Constitution, Statutes, Rules/Regulations, and Executive Orders
What your rights are
Substantive
How rights are enforced
Procedural
Cases that always involves the government as a party
Public Law
Examples of public cases
Criminal, environmental, and tax laws
Cases where the government is not a party
Private Law
Functions of the legal systems
Maintain order, physical safety, resolves disputes, provides common welfare, protect civil rights
Civil Lawsuits
Litigation
Have enough evidence to convict a person but the jury thinks conviction would be unfair
Nullification
Chief Justice of the Supreme Court who can up with majority opinion
John Marshall
Blank becomes precedent
Majority Opinion
Agrees with precedent but for different reason
Concurring Opinion
Determining if something is constitutional or not
Judicial Review
To remove oneself from a case because of biased
Recuse
Applying to appeal a case to the Supreme Court
Writ of Certiorari
Limitation on the Supreme Court
Case must be brought to them
Blank will assign someone to write the majority opinion
Chief Justice or most senior member in the Majority