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| Rules laid down by the state and backed up by enforcement. |
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| Laws that specify that "you shall or shall not do something" |
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| Law as Means of Social Control |
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| A kind of social engineering - When social interests recognize a right in one person, legislature or courts create machinery to give the person the right to redress at law |
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| What lawyers do; law to achieve a fair, honest, and righteous result |
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| Laws that are made that are generally and equally applicable; Transparency |
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| Knowing how the laws will be used/enforced |
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| The legal right to exclude or keep others from interfering with what you own, with your resources |
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Definition
Court-made law, judicial opinions, precedent
legislative enactments, based on statutes |
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Refers to matters that involve regulation of society
Legal problems and relationships that exist between individuals |
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| Constitutional law, Administrative law, Criminal law |
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| Contracts, Torts, Property Law |
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Definition
Involves a representative of gov't attempting to prove the wrong committed against society and seeking to have the wrongdoer punished by the court system
Everything else, requests for damages and other appropriate relief (not jail time)
You can do both |
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| Substantive and Procedural Law |
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Definition
The legal relationship of people with other people or with people and the state - gives you the right to sue
the method and means by which the above is made and administered - more like rules |
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| Examples of Procedural Law |
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Definition
Statute of limitations (the limited amount of time to bring action)
Evidence - what you can and can't use in court |
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Definition
| Constitutions, Legislation or Codes enacted by federal, state, and local gov't, Administrative Laws, and Judicial Decisions/Court Opinions |
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Term
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Definition
| Laws enacted by federal or state legislatures |
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Definition
| Legislation passed by local governments |
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| Compilations of legislation at all levels of government |
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Definition
| rules, regulations, and decisions of administrative agencies |
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Definition
| A prior judicial decision relied upon as an example or a rule of law. |
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Term
| Two advantages of following precedent |
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Definition
1. allows for a certain degree of certainty and predictability
2. expedient |
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| 5 disadvantages of following precedent |
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Definition
1. volume, time, & expense
2. there may be no precedent on point
3. difficulty distinguishing dicta (judicial commentary that does not have the force of law) from precedent
4. courts may reject, change, or reverse precedent
5. there may be conflict of laws |
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Term
| 4 Categories of Legal Sanctions |
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Definition
| Criminal Conduct, Breach of Contract, Torts, Violation of Statutes and Regulations |
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Term
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Definition
| The action or procedure that is followed in order to enforce a right to obtain damages for injury to a right; the means by which a right is enforced or the violation of a right is prevented, redressed or compensated |
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Term
| Punishments for Criminal Conduct |
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Definition
1. Death
2. Imprisonment
3. Fines and/or Community Service
4. Removal from Office
5. Disqualification from Holding Office and from Voting |
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| Consequences for Breaching a Contract |
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Definition
1. Compensatory Damages
2. Consequential Damages
3. The non-breaching party may be able to rescind or cancel the contract
4. Specific performance may be ordered demanding that the breaching party perform
5. Liquidated damages as part of the contract |
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Definition
| Wrongs other than contract against a person or property |
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| Intentionally injuring a person or property |
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| The failure to exercise the degree of care the law requires under the circumstances |
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| Consequences for Violating Statutes an Regulations |
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Definition
| Fines, Damages to injured parties, attorney's fees |
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Definition
| The initial court that hears the facts involved in the dispute |
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Definition
refers to appellate state court judges and members of the US Supreme Court
-they determine issues of law |
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Definition
-a trial jury that returns a verdict in both civil and criminal cases
-may be composed of 6 or 12 persons
-fact finding body |
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Definition
| counselor, advocate, and public servant |
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| Subject Matter Jurisdiction |
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Definition
the power to hear issues in the case
ex: you can't file a divorce in criminal court b/c of this |
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| Various Names for Trial Courts |
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Definition
| superior court, circuit court, court of common pleas |
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Term
| State Appellate Courts - 2 types |
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Definition
State Courts of Appeal - review what has already been determined, do not rehear the facts
State Supreme Court - the highest state court, generally discretionary |
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