legal reasoning - ️️is the reasoning process used by judges in deciding what law
applies to a given dispute and then applying that law to the specific facts or
circumstances of the case.
Ordinaces - ️️Statues passed by municipal or county governing units to govern
matters not covered by...
BLAW 210 EXAM 1 (Jefferson Griffeath)
legal reasoning - ✔️✔️is the reasoning process used by judges in deciding what law
applies to a given dispute and then applying that law to the specific facts or
circumstances of the case.
Ordinaces - ✔️✔️Statues passed by municipal or county governing units to govern
matters not covered by federal law.
constitional law - ✔️✔️highest law, can overide statue law & common law, laws come
from the charter of rights and freedoms ( Supreme law of the land)
Administrative Law - ✔️✔️consists of the rules, orders, and decisions of administrative
agencies.
Statutory Law - ✔️✔️Laws enacted by legislative bodies at any level of government,
such as the statues passed by Congress or by state legislatures, make up the body of
the law.
Common Law - ✔️✔️a body of general rules that applied throughout the entire English
realm
Remedies - ✔️✔️the legal means to enforce a right or redress a wrong
Laches - ✔️✔️a term derived fro the latin means of "lax" or "neglect"
Defense - ✔️✔️is the argument raised by the DEFENDENT
public policy - ✔️✔️governmental policy based on widely held societal values
IRAC Method - ✔️✔️1.Issue: What is the issue or key facts?
2.Rule: What rules of laws apply to the case?
3.Application: How do the rules of law apply of the particular facts and circumstances of
this case?
4.Conclusion: What conclusions can be drawn?
Syllogism - ✔️✔️a logical relationship involving a major premise, an minor premise and
a conclusion.
, Analogy - ✔️✔️is to compare the facts in the case at hand to the facts in the previous
case and, to same extent that the patterns are similar, to apply the same law to the
present case.
restatments of the law - ✔️✔️which generally summarize the common law rules
followed by most states.
jurisprudence - ✔️✔️the science or philosophy of law
Natural Law Theory - ✔️✔️theory believe that a higher or universal law exists that
applies to all human being and that written laws should imitate these inherent principles.
Legal Positivism - ✔️✔️A school of legal thought centered on the assumption that there
is no law higher than the laws created by a national government. Laws must be obeyed,
even if they are unjust, to prevent anarchy.
Legal Realism - ✔️✔️is based on the idea that a law is just one of many institutions in
society and that is shaped by social forces.
Substantitive law - ✔️✔️consist of all laws that define, describe, regulate and create
legal rights and obligations.
Procedural Law - ✔️✔️Consist of all laws that delineate the methods of enforcing the
rights established by substantive law.
Criminal Law - ✔️✔️a system of law concerned with the punishment of those who
commit crimes.
Appellant - ✔️✔️The party who takes an appeal from one court to another.
Appellee - ✔️✔️the party against whom the appeal is taken
juducial review - ✔️✔️the process by which courts decided on the constitutionality of
the legislative enactment and actions of the executive branch.
Jurisdiction - ✔️✔️the official power to make legal decisions and judgments.
long arm statute - ✔️✔️A state statute that permits a state to exercise jurisdiction over
nonresident defendants.
Probate Court - ✔️✔️are state courts that handle only matters relating to the transfer of
a persons' assets and obligations after a person's death. Example: Children, Assets, or
Obligations.
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