L203 Ch 1-5
Terms
undefined, object
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- subject matter jurisdiction
- courts power to decide the type of dispute involved in the case
- jurisdiction
- court's power to hear a case and to issue a decision binding on the parties
- Procedural law
- controls the behavior of government bodies (mainly courts) as they establish and enforce rules of substantive law
- in rem jurisdiction
- court determines rights in property even if the persons whose rights ar affected are outside the state's in personam jurisdiction
- courts of limited jusrisdiction (inferior or special jusrisdiction)
- Justice of peace courts, traffic courts, probate courts, and small claims courts
- Natural Law
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all commands of recognized political authorities that are no unjust
-"unjust law is not law"
Unjust positive laws should not be enforced and obeyed - American Legal Realism
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What public decisionmakers actuallly do
"Law in action" often more important tha "law in the books" - Sociological Jurispurdence
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process of social ordering in accordance with dominant social values and interests
-"although moral values influence positive law, no way to say whether this is right or wrong"
-Law inevitable does (and should?) follow dominant social values and interests - civil law
- mainly concerns obligations that private parties owe to other private parties
- Ordinances
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enactments of municipalities
(ex. zoning ordinances) - stare decisis
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let the decsion stand
used in common law - Treaties
- made by the president with foreign governments and approved by two-thirds of the U.S. Senate. (invalidate inconsistent state and sometimes federal laws)
- Executive orders
- made by President or State Governor and normally results from a legislative delegation
- Statutes
- Laws created by Congress or a state legislature
- Common Law
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(Judge made law/ case law)
law made and applied by judges as they decide cases not governed by statutes or other types of law - private law
- establishes a frame work of legal rules that enables private parties to set the rights and duties they owe each other. (contract, property, and agency)
- in personam jurisdiction
- based on the residence, location or activities of the defendant (must be in state)
- Criminal law
- law under which the government prosecutes someone for committing a crime
- jurisprudence
- legal philosophy (general description of law)
- Administrative regulations
- like statutes, but enacting party is and agency rather than legislature
- equity
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provide what common law can't
injunction,specific performance, reformation, rescission (now in common law courts) - Legal positivism
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command of a recognized political authority
-"law is law, just or not"
-Valid positive law should be enforced and obeyed, just or not - Substantive Law
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sets the rights and duties of people as they act in society
- public law
- concerns the powers of government and the relations between government and private parties
- Constitutions
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1.Set up the structure of government for the political unit they control
2. Prevent other units of government from taking certain action or passing certain laws