Test1 Flashcards
2 types of Law System
- Common Law System: US, precident Judges look at facts, make a ruling, rulings become binding in lower ranked in that jurisication (Georgia)
- Civil Law System: Europe, doesn’t rely on precident
Common Law
Common Law (England countries similar)
Search Warrant
needs probable cause for judge to issue search warrant (need evidence) .. limited scope (find a gun). If wrong address typed (with typo) that the judge signed, could be included if judge decides its ok.
Common Law examples
*Stare decisis – latin for precedent, binding for lower rank in that derustion… needs to be the same details, if facts vary may not be a control..
If you go in without search warrant and find gun, you have a problem, can’t include it in trial.. jury will never know.
Court Systems (basic)
Trial Court (state) – example Superior Court of Fulton County – the lowest level of court (next in georgia court of appeals, supreme court of georgia) District court (federal) (northen district cournt of gerogia, middle part of Georgia, southern georgia) Vermont – just 1 b/c low population, only 1 rep
Common Law, Pro/Cons
Con: business – uncertainty, what will come next?
Pro: can respond quickly to changing times.
Jurisication law –covers a lot of types of cases: epa decision,
Civil Law System (Europe)
Statues –judge bases on set statue codess.
Ruling only applicable for that case.
Legistration has to add new codes to be control (applicable for all cases).
–becareful with contracts..
Commerce Clause:
(would decide if affordable care act would be constructional or not, can gov make you buy health insurance? – ended up commerce clause was not applicable, instead its just something to get revenue witch is constuitoanl)
congress can regulate commerce with foreign nations, (Chinese tshirt entering)
Congress can regulate commerce with foreighn nations, and among the serveral states – so Virigina can’t tax Georgia for cigars..congress can
1824 – congress law tested. Gibbons vs odgen – commerce within states could also be regulated by the federal government as long as the commerce substantially affected commerce involving more than one state.
New York license needed for steamboats to come inot harbor. They only gave to biggest person- fulaton. Other states said its against commerce clause.
They said it was unconstitutional: commerce within states would alos be regulated by the fed gov as long as the commerce substantially affected commerce involving more than one state.
1942 – gov told farmer not to grow wheat on his land..
Said: Home consumption of wheat reduced the demand for wheat and thus could have a substantial effect on interstate commerce.
?Allows FBI to stop child porn online
1964 –Civil Acts Law before this could not allow someone to stay in hotel, etc by race, etc. said if someone can pay then have to let stay. The hotel owner said its unconstituation, fed gove said it is b/c: They sited the commerce law: If it is interstate commerce that feels the pinch, xxx the power of congress to promote intersate commerce also includes the power to regulate the local incidents thereof, including local activities”
Other important judges
Row vs Wade – fed judiary yes women has a right of privary, right to decide what to do with her body.
1860 – 1st amedb congress can make no law – not one state.. freedom of speech..so at that time Georgia didn’t have to follow.
Amdement 13th – not just congress, state, government entity etc also have to follow. State employees, if just a work at home mom doens’ fall under 13th but if she was a police officer or school employee she would be fall in htis
Types of suits
“In Law” sue for money (medical expenses, missed paid)
Exwetable – when monetary is not enough going to help (destroy an oak tree)
Injection – stop from doing something, directing certain type of action
Restraining order
Specific performance – unique – sold company to google, now have money, want to buy a monea, sign a contract with gallery for 80milliom.. then sold 90 million, could sue for in law for $10 but they don’t want money they want the painting back.
Resiond – kid buys motorcycle, dad finds out, calls dealership b/c he is a minor need to resignd. So both parties goes back to where they were.
Sources for Law
Primary sources for law – us constitution,
Secondary sources for law – law article (trends), uniform xxx what we should do in future law,
Civil vs Criminal Law
Criminal – violate criminal statute.. Have to prove beyond a reasonable doubt.. us gov (distrinc attorney /us attorney) vs modi – if you don’t have money to get a lawyer then can get a state layer, only for criminal.
Civil – suing someone b/c they violated your rights, breached a contarct, on person agains something else (government).. only have to prove by prudence of doubt 51% believe **only money.. OJ simpson found nonguilty criminal, wife’s family won civil trail so get money. Each side has their own laywer
Due Process
Procedure due process – were you read the rights? If not when you confused doesn’t count
Substance due process
International Law
International Law: need a treaty… doesn’t mean much except countries decided to have some common laws (only if they sign).. if you buy itialian tile, but didn’t get good tile, what can you do? US law and Itality law and treats both US/Intalty signed involved..
Contracts internationally – if parties/countires signed a treaty the convention of the recongiation and inforcement of foreign arbitual rewards. 161 countries signed. Says in the contract want to be govern by this contract, then you can say where the arbrigution takes place. Or what language, can say arbiter cannot be American/italain..
Misc.
Ex post facto – if a law is passed after the occurance, which changes the consequences, the law cannot impact you.
Habeas corpus –“ bring forward the body” if polic offer arrests you, you have a right to be brought in front a judge quickly, that decides if you have cause to arrest you.
