Chapter 2 Flashcards
(35 cards)
What does law mean?
A rule or a body of rules established by an authority, society, or custom
What is jurisprudence?
the science, philosophy, or study of such rules of law
What is common law based on?
Custom and precedent, established from a judicial decision
What is natural law?
Aristotle defined natural law as true law or right and reason unaffected by passion or desire.
Natural law theorists argue that all people in their natural state are guided by self preservation and that society should enact laws that will preserve the freedom of self preservation.
What is case law?
It consists of Rules of Law and decisions rendered by judges in cases that have come before the court
It is the largest existing single body of law.
It is interpreted and set forth by appellate courts (courts of review)
What is precedent?
A court decision that furnishes an example of authority for deciding subsequent cases in which identical or similar facts are presented.
What is the Doctrine of Stare Decisis?
“To stand of decided cases”
A flexible doctrine of the courts, recognizing the value of following prior decisions (precedents) in cases similar to one currently before a court, ensuring that the court’s practice is consistent and uniform with prior decisions.
However, a court will depart from the rule of precedent if it decides that the precedent should no longer be followed, i.e. Brown vs. Board of Education of Topeka 1954
What is a case of first impression?
It is when there is a dispute before a judge and there is no precedent to follow
What happens during a case of first impression?
Courts consider several factors, including legal principals and policies underlying previous court decisions or existing statutes, fairness, social values. and customs.
What do courts of equity do?
They can supplement the common law by making decisions based on considerations of justice and fairness. A court can award both legal and equitable remedies at the same time.
What are maxims?
They are propositions or general statements of rules of law that courts often use in arriving at a decision.
What are the twelve maxims of equity?
- Equity sees that as done what ought to be done.
- Equity will not suffer a wrong to be without a remedy.
- He who comes into equity must come with clean hands.
- Equity regards substance rather than form.
- Delay defeats equities.
- Equality is equity.
- Equity implies an intention to fulfill an obligation.
- Equity acts in personam.
- Equity delights in equality.
- Equity will not assist a volunteer.
- Where equities are equal, the law will prevail.
- Where there is a right, there is a remedy.
What are the three branches of government?
The legislative (congress), the executive (president), and the judicial (courts)
What is stated in Article VI of the Constitution?
It provides that the Constitution, laws, and treaties of the US are the Supreme Law of the Land
What happened in 1791?
The written declaration of rights of the individual became known as the “Bill of Rights”
First Amendment
Freedom of religion, press, and rights to assemble peaceably and petition the government
Second Amendment
the right to keep and bear arms
Third Amendment
Prohibits, in peacetime, the lodging of soldiers in any house without the owner’s consent
Fourth Amendment
Prohibits unreasonable searches and seizures of persons or property
Fifth Amendment
Guarantees the rights to indictment by grand jury with due process of law, prohibiting self-incrimination and double jeopardy
Also prohibits the taking of private property for public use without just compensation
Sixth Amendment
Guarantees the accused in a criminal case the right to a speedy trial by an impartial jury and the right to counsel
Seventh Amendment
The right to a trial by jury in a civil case involving at least twenty dollars
Eighth Amendment
Prohibits excessive bail and fines, as well as cruel and unusual punishment
Ninth Amendment
Establishes that people have rights in addition to those specified in the Constitution
