CA Real Estate Law - Chptr 1 Flashcards
Law
A system of rights and duties established and enforced by a government
Functions of law
- Establishing order
- resolving disputes
- enforcing promises
- preventing exploitation
- promoting equality
English common law
The body of law derived from judicial decisions rather than from statutes or constitutions
Substantive law
Establishes and defines rights and duties
Procedural law
Sets out the methods of enforcing substantive rights
Contract
A legally binding promise
Tort law
Concerns legally imposed duties and standards of reasonable conduct
Property law
Concerns ownership of real or personal property
Constitution
A grant of power to a government
Sources of law
- Constitutions
- legislators
- courts
- administrative agencies
Acts or statutes
The laws adopted by Congress and state legislators
Ordinances
Laws adopted by county and city councils
Bill
A proposed law
Codification
A legislator will gather up all the laws on a particular subject, reconcile them and clarify them, then set them out systematically in a comprehensive compendium (or collection) called a code
Case Law
The laws interpreted and applied in published written opinions of the Court of Appeal and the Supreme Court in court cases
Stare decisis
Once a higher court has decided a particular point of law, other courts faced with the same issue must decide it the same way
Precedent
The appellate or Supreme Court’s published published decision, Binding on lower courts
Jurisdiction
The area under the authority of a particular court
Opinion
Describes the facts of the case and the courts reasoning
Administrative agency
Usually given broad powers within its area of authority. This includes the power to issue regulations that have the force of law
Responsibilities of an administrative agency
- Rule making
- adjudication
- enforcement
Judicial review
Judges determine whether statutes ordinances and regulations are unconstitutional
Statutory construction
The judge’s goal is to carry out the intention of the legislature or administrative agency
Trial
The fundamental court proceeding in a lawsuit
Appeal
Asking a higher court in the same jurisdiction to review the trial court’s decision
Appellate court
The court that has the power to review the decisions of the lower court
Exhibit
Documentary or physical evidence
Question of fact
Any question about what actually took place
Question of law
Any question about the application of law on a particular point
Prejudicial error
One that adversely affected a substantial right of one of the litigants
Subject matter jurisdiction
Types of cases that a court has authority to hear
Court of general jurisdiction
A court that is not limited to a specific subject
Specific performance
Where the plaintiff is seeking a remedy other than the damages award
Court of appeals
Primary function is to determine whether there is an error at the Superior Court level, and if so, to remedy it
