Natural law- those principles that we can discover, because they are inherit in human nature Murder is wrong Parents are responsible for the actions of their natural children Positive law- its written law Of a particular society at a particular point in time Constitution is positive law All laws are rules, but all rules are not laws Enforceability is what differentiates a law from a rule Laws are about keeping people accountable for their actions Rules are the same but one is not arrested, taken to court, or lose their freedom for breaking a rule Subtlety – difference between order and an orderOrder- absence of chaos An order – a legal command issued by a judge When the law is followed their will be order, however because the law is not always followed, perfect order does not exist which is why there is law enforcement Our law system in American presumes that everybody is aware of the law and what it requires Appellate court worked to appeal the decision and is sent back for a new trial Duty relays on 4 things 1) Verifiability 2) 3) The consequences Of placing that burden on the defendant 4) Question for exam: Is this case a civil case or criminal case?Defend your answer, it is a ease because of The bonus question: what is a merchant guild? Takes, music hall owned by the metro club in Chicago, Carl thereto and his friend Daniel became intoxicated while at the metro and got into violent fight with the bounces thereto trained in martial arts beat 2 of the guys up but were eventually kicked out and Lindsey and Michelle leaving metro as Michelle left one of men were smacked by thereto and he kicked the other girl in the face they left the scene but were later arrested Osborne needed medical attention had to have jaw shut for 6 weeks sued the club but received directed verdict from trial court, court declared the club had no duty to protect them because attack happened on sidewalk and had no duty or were able to see tether hitting Osborne but Did stages have a duty to protect Osborne from the attack?Act as if you were the owner of the club Law says duty of care for businesses to make sure the environment you come in is safe Directed verdict- judge dismisses case before trial begins Appeal court – saying that trial court is making an error and you formulate a question to force the issue so the judge is focused on the question The law merchant was English law for merchants Merchant Gilles were not the official courts of England Rules were integrated into the USA court system (common law) Common law – its unwritten law based on usage custom and court decisions Statutory law – law that is generated by legislative bodies Agency law Partnerships and corporations There are 4 primary sources of domestic law. 1) Constitutions 2) Statutes – laws enacted by congress or legislated body of the state 3) Administrative rules and regulations – laws or rules that are enforced by agencies 4) Common law Ordinances – laws created by county or city The constitution takes precedence over any other lawStatutory law takes precedence over state constitutions State constitutions take precedence of state statutory laws State statutory laws take precedence over local ordinances Local ordinances over administrative rules and rulings Administrative rules or ruling take precedence over common law History of courts in America were divided into 2 classifications Courts of law – were empowered to award parties who had been wronged with money or other valuable compensation for the injuries or losses they had experienced Courts of Equity – did not award money, but rather would reward non-monetary life that was primarily in the form of had to do something or stop doing something, also called an injunction Remedies ? the means given to a party to enforce a right or compensate as a result of another person’s violation of a right Legal remedies – an award by the court of money or compensation from loss or money Equitable remedies ? a court decision to do cometh inning or stop doing something Stare decides – the doctrine by which judges are obligated to follow precedence that have been established within a particular jurisdiction Precedent – the authority given to a prior judicial decision by judges That session has weight There must be facts and evidence to support otherwise if wanted to overturn Authority Binding authority – (court has to follow) speaking of primary sources of law and a court must follow them when deciding a dispute.
Also includes prior decisions as long as facts and circumstances are the same Persuasive authority – (court doesn’t have to follow) can look at primary sources of law and secondary sources of law but doesn’t have to follow them, but can look at them for guidance Primary sources of law 1) Constitution provisions 2) Statutes 3) Treaties Legal Reasoning – in judicial decision making it is the process by which judges decide which law applies to a given dispute and then the judge will then apply that law to the facts and circumstances Of that decision. Types of Reasoning 1) Deductive reasoning – center of that is syllogisms (major, minor, conclusion) 2) Linear reasoning – reasoning by going from one point to another and then eventually tying all of the points together 3) Reasoning by analogy – reasoning by comparing the case at hand with another case and comparing similarities and differences to come up with a conclusion Types of Substantive law – defines, describes, outlines, and specifies the specific legal rights and obligations of that law Procedural law – established the procedures for regulating that law or/and enforcing Differences Civil law – defines and enforces the duties and obligations that individuals had to other individuals Criminal law – defines and enforces the obligations that people have to society as a whole. Plaintiff – the person who files the claim Fen Dana – person who the plaintiff filed the claim against Seals vs.. James or James vs..Seals we don’t know who filed and who is filed against Appellant – he person who lost in trial Court who is challenging the ruling Appealed ? the other parry to the disposition usually the one who won Judicial review – the power of the court to declare the actions of an executive unconstitutional Judicial review is not found anywhere in the united states constitution Ra Judd car – comes to play when the parties come to a conclusion and then are announcing that to the court, What are the advantages of stare decides and case law? Consistency, efficiency, flexibility, predictability, certainty, What are disadvantages? Uncertainty, bias, unconstitutionality, fixity,
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