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TYPES OF LAW
1.) Constitutions
F/S, 51 Most basic and important type of law (gives information)
2.) Statutes
F/S Laws passed by the legislative branch. "Rules of Law"
3.) Common Law
Legal rules made by judges, very picky. Either GETS YOU MONEY or PROPERTY back
4.) Equity
Chancery courts. Very flexible
5.) Administrative Regulations and Decisions
F/S Agency set up by a legislature to look at a specific narrow set of problems
6.) Treaties
F ONLY. Made by president; appproved by 2/3 senate. Made for another international government.
7.) Ordinances
L Laws passed by a political subdivision smaller than a state
8.) Executive Orders
F/S/L Issued by president or governor. Comes from a delegation of legislative power
PRIORITY RULES
1.) Federal Supremacy
Federal over state or local law
2.) Constitutions
Over all other types of law within their domain Ex: State constitution beats all other state laws
3.) Treaties
Over state law and older federal law
4.) Statutes - 1
Over laws resulting from delegation of legislative power
5.) Statutes - 2
Over common law rules
CLASSIFICATIONS OF LAW
1.) Criminal/Civil
Criminal Law: Forbidden by society (If you do this crime you'll be punished) Civil Law: Contract rules not forbidden by society. Governs relations between private parties
2.) Substantive/Procedural
Substantive: Involves the content of our rights and duties Procedural: Tells the government their obligations for upholding the substantive rules. (People who don't uphold rules are handled by the law)
3.) Public/Private
Public: POWERS of government, LIMIT ON POWER, government relationship to public Private: Relationships between individual, corporate, legal entity, etc (not the government)
JURISPRUDENCE
Four major theories about what the law is/how it should be obeyed
1.) Legal Positivism
Some political authority has enacted a new rule or command
2.) Natural Law (Lynch)
There is a higher set of rules (religious, ethical, etc) but the law goes above these principles
3.) American Legal Realism
How do our judges, police, lawyers etc act when laws are broken that people break more frequently/that are lesser offenses? (LAW ON THE STREETS)
4.) Sociological
Legal rules are just a way to keep our society in place. The laws should reflect societies interests and values
STATE COURTS
1.) Courts of Limited Jurisdiction
Exercise trial court functions of hearing evidence, deciding the facts, choosing the applicable law, and applying law to facts to render a decision
2.) Trial Courts
Same as courts of limited jurisdiction, only THEY'RE NOT LIMITED AS TO SUBJECT MATTER OR DAMAGES/PENALTY REQUESTED
3.) Appellate Courts
Hear appeals to correct harmful errors of law ONLY. ASSUMES facts are correct.
STATE COURT JURISDICTION
Subject Matter & Territorial
Territorial a.) Over the defendent's location, citizenship, residence, or activity within the state (in personam) b.) Over real or personal property which is both located within the state of the lawsuit (in rem)
FEDERAL JURISDICTION
1.) Original Jurisdiction
The power to act as a trial court
2.) Exclusive Jurisdiction
The power to have jurisdiction over specific cases
3.) Concurrent Jurisdiction
Both state and federal trial courts can be used in a case. Plaintiff picks one
4.) Removal Jurisdiction
Federal courts have the power to put state trials into federal courts (asked for by defendant)
SUPREME COURT acts as a trial court when...
1.) Controversies betw. 2+ states 2.) Involving foreign diplomats 3.) Involving U.S and a state 4.) Involving state and citizens of another state, or aliens
MENTAL INCAPACITY TESTS
1.) M'Naghten Rule
Harshest test. a.) Didn't know that you were doing or b.) Didn't know it was wrong
2.) Irresistible Impulse Rule
Mental instability made it impossible for person to not commit crime
3.) American Law Institute Rule
Didn't know it was wrong, or did know and couldn't stop it
VERDICTS
Guilty Guilty but mentally ill Not guilty by reason of insanity Not guilty
FOURTH AMENDMENT EXCLUSTIONS
1.) Nix v. Williams
The inevitable discovery rule
2.) U.S v. Leon
Good-faith reliance on search warrant
3.) Illinois v. Krull
Good-faith reliance on statute
4.) Arizona v. Evans
Good-faith reliance on clerical error of court employee
DOUBLE JEOPARDY
a.) Burglary, kidnapping, rape, murder b.) Different victims, same crime c.) Found innocent in st. court, guilty in fed. court d.) Prosec. criminally, sued civilly
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