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Introduction to Law
Chapter 1
| Question | Answer |
|---|---|
| England's daily administration carried out by a "shire reeve" | Sheriff |
| Sheriff | Collected taxes, kept the peace, acting as mediator between feuding families |
| Business partnerships | "Tithingman" ( all partners are personally responsible for the debts are the partnership |
| Parties were represented by | clergyman, nobleman or themselves |
| Oath helpers (usually 12) | modern jurors |
| Principles and rules of law come from | many different sources of law |
| Our law originated from | England |
| Laws were created to | protect the rights of it's people from the government |
| Founding fathers created a national government but | insisted each individual state maintain control in many areas |
| Each state has it's own | Government |
| Precedent | requires judges to decide current cases based on previous rulings |
| Binding precedent | precedent that a court must follow |
| Persuasive precedent | precedent that a court is free to follow or ignore |
| Common Law | judge made law |
| Law of the land | Supreme |
| US constitution (supreme law) | 1. Establishes the national government in the US with it's 3 branches 2. creates a system of checks and balances among the branches 3. guarantees many basic rights to the American people |
| Legislative | gives the ability to create new laws |
| Art 1 | gives the power to Congress (House and Senate) |
| House | 435 members; state's voting power is based on population |
| Senate | 100 voting members(2 from each state) |
| Executive | authority to enforce laws |
| Art 2 | establishes the president as the Commander in Chief of the Armed Forces |
| Judicial | gives the right to interpret laws and determine their validity |
| Art 3 | places the Supreme Court at the head of the Judaical branch |
| Check and balances | Allow one branch of the government to trip up another |
| President can _______ Congressional legislation | veto |
| Congress can _________ the President | impeach |
| The Supreme Court can void laws passed by | Congress |
| Fundamental Rights | Mainly found in the amendments |
| 1st Amendments | guarantees the rights of free speech, free press, and free religion |
| 4th Amendments | Search and seizure |
| 5th Amendments | against self-incrimination |
| 6th Amendments | right to counsel |
| Statues | Laws created by legislative body |
| Common Law | Judges generally follow precedent |
| "Stare decisis" | let the decision stand ( makes the law predictable) |
| Precedent is only binding on | Lower courts |
| Court orders | 1. Place binding obligations on specific people or companies 2. Injunctions 3. Contempt |
| Administrative Law | 1. Do the day-to-day work 2. Created by Congress 3. Have the power to create laws called regulations |
| President makes these with foreign nations | Treaties |
| Criminal | behavior so threatening that society outlaws it altogether ( the government prosecutes the wrongdoer) |
| Civil | Regulates the rights and duties between parties |
| Law and morality | 1. Linked 2. Values that govern a society's attitude toward right and wrong and toward good and evil 3. serves as a guide for those bodies that makes, interpret and enforce the law |
| Jurisprudence | the philosophy of law |
| Sovereign | the recognized political power, whom citizens obey |
| Natural Law | Law must have a moral basis Good is to be done and promoted and evil is to be avoided |
| Legal Realism | 1. who enforces the law and by what process 2. the denial that any lawmaker can overcome personal bias |
| Plaintiff | Party who is suing |
| Defendant | Party being sued |
Created by:
ksheek1!
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