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Law
Court and Law
| Answer | |
|---|---|
| What is Law | Made by the government that bind government and people or institutions outside of government |
| Why do we have Law | Social control, equality, justice, and limit government |
| Sources of Law | Constitution, statue, ordinances, administrative regulation, executive order, common law, and stare decisis |
| Stare Decisis | The doctrine that courts will adhere to precedent in making their decisions |
| Categories of Law | Family law, criminal law, contract law, tort law, business law etc... |
| Tort Law | Personal injury Law (law on negligence), medical malpractice, product liability etc... |
| Public Law | Government acting as government (using its coercive powers) |
| Private Law | Law governing private parties' relationship |
| Functions of torts | Dispute resolution, behavior modification and policy making |
| Organization of Judiciary | Trial court -> Intermediate (1st level) appellate courts -> Supreme court (2nd level) appeals courts |
| Jurisdiction | The power of a court to hear and decide cases and issue orders |
| Venue | Location where a case is tried |
| State Court | Handels the vast majority of civil and criminal cases |
| Circuit Court | High level trial court, reviews appeal from lower courts and hears cases from different areas |
| Adversarial System | A mode of dispute resolution that attorneys fight for their clients with no bias/ truth with emerge |
| Legal Reasoning | judges to be impartial, parties to be treat equality under the law |
| Structure of Legal Reasoning | Case fact, social facts, rules of law, widely shared values |
| Classical form of legal Reasoning | Issues, rule, application/analysis and conclusion |
| Rule of Law in Judicial Decision Making | Attitudinal, Strategies and Legal Models, law may not be determined but affect in perpetration/decision making |
| Legal Interpretation- Techniques and Canons | Plain meaning, legislative inter, and stare decisis |
| The Rule of Law | Government of Law and not people |
| Lon Fuller: elements of R of L | Law must exist/obeyed at all times, must be published/preserved in nature, written, no contradictions/consistent |
| Substantive Justice | Social justice, equality and individual liberty |
| Procedural Justice | Formal justice and procedural democracy |
| Rule of Law and American Democracy | No one is above the law, independent courts, respect the law, and Legalism as Ideology |
| Vigilance | Constantly improve - move towards the ideal |
| Threats to the Rule of Law | Democracy, attacks on Judicial Legitimacy and national crises |
| Judicial Review | Judicial policymaking/lawmaking |
| Significant of Judicial Review | Stare Decisis, no abstract review, deciding controversial political issues and power balance in branches |
| Interpreting the Constitution | Create Individual Rights and Civil Liberties and Strictures and organizes government |
| Law Politics and Social Science | Social Science involve the scientific study of society |
| Law and Society | Relationship between law and society |
| Sonia Sotomayor | Nominated by Obama, she is the first Latina to serve on the supreme court and has served since august 8Th, 2009 |
Created by:
JessNz
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