Flashcards in Chapter 1 Law Deck (38):
Case Law Definition
What the courts have agreed upon
Sources of Law Definition
Where law comes from
Primary Source of Law
Constitutions, statutes and regulations
Someone who disagrees with the majority opinion
A court ordered ruling where all causes of action can be decided upon certain facts without a trial
What are the 2 basis on which courts grant remedy
Where evidence is presented and testimony given
What are two other names for case law?
United States Code
Compilation of all the laws and books for the federal government
Is a person who sues
Person being sued
In the U.S what kind of governments use a Constitution?
Rules and regulations that are published daily for federal agencies
split in power (King does not have all power anymore)
A governing document
What is an example of a precedent?
Ruled in 1800 that the owner of the horse and bugee was responsible
Reference to a law or a case
What are the 2 origins of law?
England and U.K.
In the U.S what kind of governments use common law?
The process of giving sworn evidence
What is an example of stare decisis
In 2000 the court ruled the driver who hit the person with the car was responsible
- used the ruling in the 1800 horse and bugee case to make decision
What are two aspects of stare decisis?
Always follows the precedent and will never overturn a decision
- decisions made by a higher court has authority over lower court
Agreeing with majority opinion but not the legal reasoning behind it
In the U.S what kind of governments uses statutes?
Any source of law must follow a deciding case (precedent)
Any source of law that a court can look to for guidance but is not mandatory to use it in a decision
Secondary Sources of Law
Summarize and clarify the primary sources of law
What are the 2 types of courts where you will find case law?
1800 someone gets hit by a horse and buggy, the ruling is that the person hit wins the case for a traffic violation
In 2000 someone gets hit by car and the ruling remains the same that the person hit by the car wins.
What is the binding authority in this situation?
The binding authority in this situation is the case in the 1800s
What are the 2 types of state courts?
What is an example of cross claims?
Niagara suing Calspan
Calspan suing Zodiac
Someone who commits a wrong doing
What are the 4 sources of Law?
Very first law that is made
A claim brought by one defendant against another defendant in the same case