Legal Intro to the State Practice Act Flashcards
1
Q
Describe common law
A
- Historical
- Developed from England with roots in Romans, Angio-Saxon and the Court of the Kings of England
- Post-Revolutionary War each state adopted all/parts of English common law with the exception of Louisiana that adopted French & Spanish common law
2
Q
Describe public law
A
- Statutory Law and Administrative Law
- Written law from a legislative body
- Examples: Constitution; Bill of Rights
- Regulatory
3
Q
Common law principles
A
- Precedent
- Res judicata
- Stare Decisis
- Continual Change
4
Q
Define precedent
A
- a judicial decision that may be used as a standard in subsequent similar cases
5
Q
Define res judicata
A
- “The thing is decided” refers to that which has previously been acted on or decided by the courts & this is final judgement
- Meaning there is a bar to subsequent action involving the same claim, demand, or cause of action
6
Q
Define stare decisis
A
- “Let the decision stand” a lawsuit is decided by applying the facts and principles of prior cases
7
Q
Define continual change
A
- Principles of law are subject to modification; being overturned, abrogated, or created by new court decisions to reflect changes in social attitudes, public needs, judicial prejudices, or contemporary political thinking
8
Q
Define statutory law
A
- Written law from a legislative body
- Example: constitution and the Bill of rights
- Statutory law order is hierarchical from the Constitution, federal law, and treaties that will take precedence over the states & localities within
9
Q
Describe administrative law
A
- Think “regulations”
- Law issued by state or federal agencies to direct the laws enacted by the state and federal governments
- Needed because congress and state legislative bodies are not able to oversee all of the laws that have been passed
10
Q
Describe the administrative procedures act
A
- Needed bc congress and state legislative bodies are not able to oversee all of the laws that have been passed
- Provision made for administrative agencies to have legislative, judicial, and executive functions
- Authority to establish regulation to carry out the intent of legislation
- Regulation created must be within the scope of authority delegated by congress
11
Q
Typical state level court systems
A
- State supreme courts
- Appeals courts
- District trial courts: general and limited jurisdiction (Probate, Juvenile, Family, Criminal)
- Local courts: traffic, police, small claims, justice of the peace
