Legal test 1

rule of law

laws made are generally and equally applicable.

jurisprudence

philosophies of law

Natural Law

Under: Jurisprudence
Law contains universal moral principles.

Positive law

Under: Jurisprudence
law is simply the commands of the state backed up by force.

Historical School

Under: Jurisprudence
law should focus on legal principles that have withstood the test of time.

Sociological jurisprudence

Under: Jurisprudence
Law can and should change to meet new developments in society.

Legal realism

Under: Jurisprudence
Law is what officials do about it.

Common law

legal system that emphasizes the role of judges in determining the meaning of laws and how they apply.

Civil Law

Relies more on legislation than judicial decisions to determine what the law is. (Only Louisiana)

Public Law

includes those matters that involve the regulation of society as opposed to individuals interacting.

Constitutional law

Under: Public Law
involves the interpretation and application of either the federal or state constitutions.

Administrative law

Under: Public Law
covers the legal principles that apply to government agencies, bureaus, boars, or commissions.

Criminal Law

Under: Public Law
Specifies various offenses against the proper order of the state.

Private Law

covers those legal problems and issues that concern your private resource relationships with other people.

Property law

Under: Private law
involves the recognition of exclusive right in both tangible and intangible resources.

Contract Law

Under: Private Law
covers the rules of how owners transfer resources by exchanging them.

Tort Law

Under: Private Law
Establishes rules for compensation when an owner's legal boundaries are wrongfully crossed by another.

Substantive Law

Defines the legal relationship of people with other people or between them and the state.

Procedural law

Deals with the method and means by which substantive law is made and administered.

Legislation

Most significant source of law.
Congress: statute or act.
Local: ordinances.
Compilation from all levels: codes

Uniform Commercial Code (UCC)

Most significant uniform law for business. Applies only to purchases and sales of personal property like goods.

Opinions

Under: Judicial Decision/Case Law
Decisions passed on by judges in a case.

Precedents

Under: Judicial Decision/Case Law
Decision in a case that may be used in future cases.

Citation

Under: Judicial Decision/Case Law
Location of prior precedents.

Stare decisis

Under: Judicial Decision/Case Law
doctrine of prior precedents.
"Let the decision stand."

Holding

Under: Judicial Decision/Case Law
precisely what was necessary to the decision reached.

Dicta

Under: Judicial Decision/Case Law
whatever else was stated by the court after the holding in a case.

Constitutional Relativity

Under: Constitutional Law
The Constitution relative to the times in which it is interpreted.

Sanctions

Methods used by law enforcement officials to encourage or force compliance with the obedience to the law.

Remedy

The right of one person to take another person's resources because that person failed to meet the requirements of the law.

Contracts

Legally enforceable agreements.

Intentional Torts

Under: Tort law
Torts that require the plaintiff to prove the defendant intended to cross the boundaries protecting the plaintiff.

Negligence

Under: Tort Law
Requires the plaintiff to show that the defendant injured what was proper to the plaintiff through unreasonable behavior.

Strict Liability

Under: Tort Law
Usually require the plaintiff to prove only that the defendant has injured something proper to the plaintiff.

Punitive/Exemplary damages

Under: Tort Law
damages to compensate injured plaintiffs in tort case.

Petit Jury

Under: Jurors
Trial jury that returns a decision in both Criminal and Civil cases.

Subject Matter Jurisdiction

power over the issues involved in the case.

Writ of Certiorari

Request to have case heard by a supreme court.

interrogatories

Under: Discovery
Series of written questions to the opposing parties.

Request for production of documents

Under: Discovery
After interrogatories, either party may ask other to produce documents.

Depositions

Under: Discovery
lawyer orally asks questions of possible witness and oral response is given.

Request for an Admission

Under: Discovery
either party in discovery may ask other to admit some issues aren't in dispute.

Statute of Limitations

Under: Motions
Time someone has to file a complaint from the date of an incident.