Lecture 2 Flashcards
What are the 3 sources of law?
constitutions, legislative statutes and ordinances, case law
What is the 1st source of law?
51 constitutions, rights come from magna carta then bill of rights
What is the 2nd source of law?
legislative statutes and ordinances, ordinances can be local, state, or federal
what is the 3rd source of law?
case law, can use past cases to decide new ones if they are substantially similar and within the same jurisdiction
What does stare decisis mean?
“stand decision” stand by things decided
what is an appeal?
review a lower courts decision and take it to a higher court
What is an activist judge?
one that makes laws from the bench
Are activist judges good judges?
no, bad, should use stare decisis
What is dicta?
the editorial opinion of a judge not based on precedence (the fluff)
How many jurors in PA?
12
how many jurors must agree in a civil case in PA?
10/12
how many jurors must agree in a criminal case in PA?
12/12