Common Law - ️️Common law is defined as a body of legal rules that have been
made by judges as they issue rulings on cases, as opposed to rules and laws made by
the legislature or in official statutes. An example of common law is a rule that a judge
made that says that people have a duty to ...
LSB 3213 Exam 1 Okstate
Common Law - ✔️✔️Common law is defined as a body of legal rules that have been
made by judges as they issue rulings on cases, as opposed to rules and laws made by
the legislature or in official statutes. An example of common law is a rule that a judge
made that says that people have a duty to read contracts.
Stare Decisis - ✔️✔️"to stand on decided cases" requires judges to follow precedent
established in their jurisdictions (court has to follow its own rules). Judges must follow
the decisions in their own jurisdiction, they should not overturn their own precedents
unless compelling reason, judges in lower courts must follow decisions from higher,
decisions from courts outside a judge's jurisdiction do not have to be followed.
Constitutional Law - ✔️✔️Supreme law that is the trump card. Federal government and
the states have separate written constitutions that set forth the general organization,
powers, and limits of the respective governments. Law as expressed in these
constitutions. If a law violates a provision of the constitution, it will be declared
unconstitutional.
Statutory Law - ✔️✔️created & passed by legislative bodies that have been elected
(also includes local ordinances). A federal statute applies to all states, but a states
statute only applies within states borders.
Regulations & Rules (Administrative Law) - ✔️✔️Created by government agencies who
are appointed (ex. FDA., water safety) held in lower regard than statutes. Rules, orders,
and decisions of federal, state, and local administrative agencies.
Criminal Law - ✔️✔️wrongs committed against society as a whole. prosecuted by
public officials on behalf of the public as a whole, not just the victim. Only in criminal law
will defendant ever face the possibility of imprisonment. Plaintiff is an authority.
Civil Law - ✔️✔️relates to issues between persons or between persons and their
government when relief is sought for violation of personal rights. Only monetary
damages or equitable remedies are awarded.
Plaintiff (or petitioner) - ✔️✔️party initiating the lawsuit
Defendant (or respondent) - ✔️✔️the party against whom a lawsuit is brought. (lawsuits
frequently involve more than one plaintiff and/ or defendant.)
, Majority opinion of the Supreme Court: - ✔️✔️view supported by the majority (the
winners)
Plurality Opinion - ✔️✔️A court opinion that results when a majority of justices agree on
a decision in a case but do not agree on the legal basis for the decision. In this instance,
the legal position held by most of the justices on the winning side is called a plurality
opinion.
Concurring Opinionn - ✔️✔️separate opinion written by a justice on the winning side
but which outlines his or her legal reasoning which differs from the reasoning of the
majority, reaches the same conclusion nevertheless.
Dissenting Opinion - ✔️✔️presents the views of one or more judges who disagree with
the majority view. they wish to leave their viewpoints on record for future lawyers or
judges to argue for a change in the precedent.
Per Curiam Opinion - ✔️✔️"by the court" anonymous because not authored by a
specific judge, done sometimes to present a unified front, sometimes to prevent one
justice from getting the glory or the flack.
Is minority opinion an option? - ✔️✔️No. No such thing.
The Positivist School - ✔️✔️believe that written law only applies to the citizens of that
nation and there can be no higher law than a nation's positive law. (no such thing as
natural law or human rights beyond those granted by the laws of a society) No good or
bad laws.
The Historical School - ✔️✔️law evolves gradually and is an extension of what has
been established in the past- looking at what law has been is the best guide for
determining what the law should be- most likely to follow precedent.
Legal Realism (school of jurisprudence) - ✔️✔️opposite in many ways of historical
school, law shaped by social forces and needs, judges consider social and economic
realities when deciding cases so law can never be applied with total uniformity. Judges
who adhere to this approach are most likely to depart from precedent.
in personam jurisdiction - ✔️✔️personal jurisdiction over any person or business that
resides in a certain geographic area.
in rem jurisdiciton - ✔️✔️court exercising jurisdiction over property that is located within
its boundaries (jurisdiction over the thing).
Long Arm Statutes - ✔️✔️the court can exercise jurisdiction over out-of-state
defendants based on activities that took place within the state. before court can exercise
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