Sources of the Law Flashcards
What is the meaning of primary sources of law?
Primary sources are those that are positive sources of law and create rights and obligations. They can be created on both the federal level and the state level.
What is the meaning of secondary sources of law?
Those that summarize, explain, comment upon, or advocate change to the law but do not themselves carry the force of law.
What is the meaning of a binding or mandatory source of law?
Sources that courts are required to follow.
What is the meaning of a persuasive source of law?
Courts should consider them in the absence of binding authority but may reach a different result
What is a stare decisis?
Stare decisis is a legal doctrine that obligates courts to follow historical cases when making a ruling on a similar case. Stare decisis ensures that cases with similar scenarios and facts are approached in the same way. Simply put, it binds courts to follow legal precedents set by previous decisions.
What is the meaning of Civil Litigation in Danish?
Det betyder en civil retstvist
What is the meaning of adversarial nature of U.S. litigation?
Under Federal Rules of Civil Procedure the parties, through their attorneys, are responsible for all fact investigation and for the development and presentation of all arguments and evidence. The trial court judge is relatively passive.
The right to a jury trial
In the United States, there is the right to a jury trial in most civil (and criminal cases).
The possibility of punitive damages
Punitive damages are damages that go beyond compensatory or other standard forms of recovery. The intention is to punish the defendant and they are used most prominently in tort cases in which the defendant has acted in a reckless or intentional way and usually in cases in which the victim was killed or suffered serious bodily injury