Chapters 1 & 2 Flashcards
Common Law
1) Law common to all of England.
2) A legal system derived from the English legal method.
3) Law formulated by courts rather than Legislatures.
Statutory Law
Written laws, usually enacted by a legislative body.
Stare Decisis
Once a rule of law is determined to be applicable to a particular set of facts involved in a case, it will be applied to all future cases that have similar facts.
This binds courts of equal or junior rank to follow the senior court that first applied the rule or principle.
Plessy v. Ferguson Case
Originally ruled it was constitutional to have separate schools for black and white children.
After this was overruled by a future case [Brown v. Board of Education] and was deemed to no longer make sense.
Brown v. Board of Education Case
Separate schools for black and white children were unconstitutional.
Resulted in the change of law, overruling the Plessy v. Ferguson case 8 years priopr.
Activist Judges
Judges who purposefully expand on the law in their decisions.
View the law as a vibrant and active source of rules.
Likely to see the Constitution as a flexible document.
They view stare decisis as challengeable when important social needs must be addressed.
Constructionist Judges
Judges who narrowly interpret the law by relying heavily on the doctrine of stare decisis.
Judges who subscribe to interpreting the law consistent with the believed meaning given by the drafters.
Lawmaking
Citizens can place proposed laws on ballots for direct vote by the people.
Proponents must obtain the signatures of a specified number of registered voters.
Initiatives must pass the test of constitutionality as determined by courts.
Legislative Branch Lawmaking
Legislators enact laws called statutes.
Executive Branch Lawmaking
Collaborates with the legislative branch in the adoption of statutes.
The executive branch can veto laws, but these vetoes can be overridden by a 2/3 from the legislative branch.
Judicial Branch Lawmaking
The trial judge may formulate and apply a new rule of common law in a case in the first of its kind.
An appellate court then reviews the new rule.
Federal Law
National in Origin
Consistent with the Constitution
Supreme over State Law
State Law
Ordinary affairs of citizens including most contract, tort and criminal laws.
Procedural Law
All the rules/mechanisms for processing civil and criminal and administrative matters through the applicable federal/state system.
[Requires an attorney to comply with procedural law in a case.]
Substative Law
Defines duties, establishes rights and prohibits wrong.
[Prohibits murder, imposes speed limits, etc.]
Civil Law
The body of law pertaining to civlil or private rights enforced by civil actions.
If a defendant is held to be responsible they are liable.
Criminal Law
The body of statutory law that declares what conduct is criminal and prescribes penalties.
If the defendant is held to responsible they are guilty.
International Law
Law that concerns the relations among sovereign nations.
Federalism
A government consisting of a union of more or less self-governing states under an umbrella of federal government
[United States]
Relationship of Law & Ethics
The legal rules and the rules of ethics serve different goals.
It is possible to comply with the law and still not act in a moral manner.
Unanimous Opinion
Judicial Decision with complete agreement by all judges.
Majority Opinion
A written opinion by judge outlining the views of the majority of the judges of the court deciding the case.
Concurring Opinion
A written opinion where a judge agrees with the result reached by another judge but for different reasons.
Dissenting Opinion
A written opinion by a judge who votes contrary to the majority opinion.
Appellant/Respondent
The party who on appeal defends the earlier court determination.
Petitioner/Appellant
The party who appeals to a higher court for review of a lower court ruling.
Duty-Based Ethics
Actions are morally correct if they comply with existing obligations owed to another or ourselves.
Utilitarianism
Determining right conduct is based on consequences; the purpose of actions should be for the greatest amount of happinness for the greatest number of people.
