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| a body of enforceable rules governing relationships between individuals and between individuals and society |
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1. Protection
2. Social Order
3. Social Justice |
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| Science and philosophy of law |
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written law: is a system of moral and ethical principles inherent in human nature.
moral compass- crime rate= same |
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written law: nothing more then specific rules adopted by a particular society at a particular time.
no moral basis/compass (crime rate goes up) |
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| written law cannot be applied in the abstract. the facts and circumstances of each case must be examined, including economic and social realities |
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Set out rights and duties between individuals
rights: constitution
Duties: shall/shall not |
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| Puts the substantive into action. Tells how to apply it |
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Civil: rights/duties between individuals
Criminal: offenses against society as a whole |
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Civil: Harm to persons or property
Criminal: violate a rule/law protecting society |
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| Who brings the case (cases) |
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Civil: Individual harmed (plaintiff)
Criminal: Society as a whole (district attorney, prosecutor) |
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Civil: plaintiff
Criminal: Prosecutor |
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| Standard of Proof (cases) |
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Civil: Preponderance of evidence
Criminal: Beyond a reasonable doubt |
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Civil: Liable/ Not liable
Criminal: Guilty/ Not Guilty |
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| Sources of Substantive Law (Cases) |
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Civil: Statutes (written law from legislature) and Case Law (created by court opinions)
Criminal: Only statutes |
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Money Damages
Equitable Remedies:
1. Injunction 2.Specific performance 3. Rescission |
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| Court orders defendant to stop doing something |
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| The court orders the defendant to do something |
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| The court voids a contract |
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Death
Prison/Jail
Fines
Forfeiture
Community Service
Probation |
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1. Constitution
2. Treaties
3. Statutes
4. Administrative Law
5. Court Decisions |
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| Constitution (Source of Law) |
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| U.S. and all states - supreme law in the usa - all other law based upon the us constitution - gives substantive and procedural law |
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| by the president with 2/3 senate approval - only between us gov and foreign nations |
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| Written law created by legislative body - codified (put in a code) - General/Broad in scope - can be procedural or substantive statutes |
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| Statutes of city, towns, counties |
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O.C.G.A. § 16-3-4
(Official Code Ga Annotated § Title-Section-Paragraph) |
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| Administrative Law (Sources of Law) |
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| Government Gives rule making authority to administrative agencies to carry out their purpose - code of federal regulations - 40 C.F.R. § 405 |
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| Court Decisions (Sources of Law) |
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| Created by judges (appellate) - particular in scope court decides if a broad/ general statute/ rule/ etc... - Applies in a particular case - A courts decision in a case only has immediate legal effect on the parties to that case |
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1. Dispute Settlement
2. Judicial Review
3. Interpretations
4. Common Law |
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| Court decideds if a statute, rule, regulation is unconstitutional. Marbury V. Madison |
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| Court interprets the meaning of words and the application in statutes, rules, regs, etc. |
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| Law Based on prior case law |
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Top- GA Supreme Court
Middle- GA Court of Appeals
Bottom- Trial Case |
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Top- US Supreme Court
Middle- US Court of Appeals (GA- 11th)
Bottom- US District Court (GA- N,M,S) |
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| Court should decide a present like a similar prior case ( not mandatory) |
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Court must decide a present case like a prior case if:
a) The facts are the same
b) The Law in the same
c) The prior case was from a higher court in the same geographic jurisdiction.
(mandatory) |
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| (Stare + Precedent) The law and/or the facts in the present and prior case are not sufficiently similar |
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| (precedent) Same level court changes its mind about one of the its own prior decisions. Plessy V. Ferguson was overturned because of Brown v. BOE |
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| Agree w/ lower court there was no legal error |
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| (vacated) disagree w/ lower court, there was legal error |
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| Send case back to the lower court for further action |
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| rule of the case - only part w/ stare decisis effect - only written by one justice - first one come across |
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| (concur in judgement only) Agree w/ majority result but for different legal reasons |
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| disagree w/ majority result and reasoning |
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Garcia V. Weir, 243 GA. 162, 212 S.E. 3rd 156 (2001)
(Appellant V. Appellee, Vol GA. Page, Vol Southeastern Reports 3rd Page (Date)) |
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