Legal Terms Flashcards
Rule of Law
idea that the law applies to EVERYONE in the same way
Property
a legal right that allows you to exclude others from your resources
Common Laws
Judges in society follow a precedent
Stare decisis (definition and example)
let the prior decision stand (precedents) and ensures certainty, stability and predicability
Pros of Common Law
Laws can be concise and Stare decisis
Cons of Common Law
Volume of cases, conflicting precedents, distinction between holding and dicta (increases difficulty of determining precedent), * rejection of precedent/bad precedent (belief cases were wrongly decided or times have changed)
Civil Law
relies on legislation that, courts DON’T make law
Public Law
constitutional, administrative & criminal
Private Law
property, contract and tort
Civil Law
individual sues for damages ( breach of contract or tort cases)
Criminal Law
government suing to prove a wrong committed against a society (robbery, conspiracy)
Substantive Law
defines rights and duties
Procedural Law
provides machinery for enforcing rights and duties
Judicial Decision/Case Law
Decisions of judges, citations are references on how to identify a case
Reading Case Citation
Case Name, volume # reporter abbreviation, page #, year case was decided
