Sunday, January 5, 2014

Law 101 Outline

Chapter 1 Basic Legal Concepts and Terminology - rough-cut healthy philosophy or the justness of nature of that case o Base on custom, popular sense, & fairness - Common uprightness developed = principles of stare decisis to stand by things determined & precedente (cases that manoeuver other cases) - Courts make decision based on facts in the first place it. Provided guidance for other motor hotels with similar facts. - The reason is = collection functioning in society needed to know that a particular to conduct themselves accordingly. stare decisis serves as a strangulate on the power of judges - Statue: law passes; prohibition, command, declaration. - The common law, statutory law and the principle of stare decisis= backbone of our legal system. shopping centre vs. Equity - indispensable law- legislative enactments or decisions handed d give birth by judges. - The court m ay go around the rule by applying principles of justness= attempt to hit fair result when the common law rule is little to achieve referee. Substance vs. Procedure - Courts make decisions by poring over exiting rules of substantive law and by relying on principles of justice and common sense.
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- Rules of substantive law differ rules of acts states establish its own procedure/fed courts o Gain access to the courts o conduct themselves during preparatory for trial o Conduct themselves during the trial itself o Enforce the judgment of a court, once that judgment has been entrered - baring p revents unfair surprises; it also enables pa! rties to present to the court a more than comp permite story so that the court can let out understand the truth. - federal official courts= Federal Rules of accomplished Procedure & the Federal Rules of Criminal Procedure. Civil vs. Criminal - both basic types of disputes: civil & criminal - Plaintiff- brings a lawsuit- seeking somewhat sorts redress= individual, corporation, or a state - insurance=...If you pauperism to get a full essay, order it on our website: OrderEssay.net

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