Chapter 1 Flashcards
(19 cards)
Jurisprudence
is the philosophy of law
U.S. Constitution
The Supreme Law of the United States, establishing the framework of government and fundamental rights
Due process
Ensures fundamental fairness and decency in government actions; levels of due process vary according to the property or liberty interest at stake.
Public Law
Law that applies to everyone.
Private Law
Law that is legally binding on parties who agree to it such as a contract.
Procedural Law
The legal rules that must be followed by government officials in the execution of law.
Substantive Law
The actual substance of the law or the merits of the claim, case, or action. Rights and Dutues
IRAC
Issue Rule Analysis Conclusion
Criminal Law
Law related to crimes - Prosecution & Defense - State v. X
Civil Law
Plaintiff and Defendant, Disputes between private parties, John vs Doe
Burden of Proof
Criminal - Beyond a reasonable Doubt (More proof needed)
Civil - Preponderance of the evidence
Primary Sources of Law
Binding Legal authorities such as statutes, constitutions, and case law.
Secondary sources of Law
Interpretations, commentaries or journals
Statutory Law
Enacted by legislative bodies
Common Law
Enacted by court decisions
Stare decisis
Court follows a precedent, ie: as in this case
Precedent
A prior legal decision serving as authority for future cases
Saleh Case
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Stakeholders
Parties with an interest in a legal or business matter.
