An Intro to Law Flashcards
Origins of law and our legal system
Constitution, statutes, and common law
Civil Law system
The system of law concerned with private relations between members of a community rather than criminal, military, or religious affairs.
Common Law system
Property law, Contract law & Tort law
Common Law defined
Contracts, precedent are the “law of the land” (Derived from case law as opposed to statutes)
Stare Decisis
Adhere to decided precedent
When precedent is binding on a court
Binding precedent is a legal rule or principle, articulated by an appellate court, that must be followed by lower courts within its jurisdiction. Essentially, once an appellate court reviews a case, it will deliver a written opinion.
Methods of categorizing laws
Municipal and international law, public law/private law, criminal law/civil law, substantive law/procedural law.
Substantive Law
Tell us how to act with one another and with the Government
Procedural Law
The rules of courts and administrative agencies
Sources of Criminal Law/where Substantive Criminal Law is usually found
Common law (case law/precedent), statutory law and constitutional law
Types of criminal punishment
Financial, probation/parole, jail/prison, death
Remedies in a civil case
Financial
Burden of proof in a criminal case
The burden of proof lies with the prosecution.
