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| Is based on a general observation concerning the nature of law |
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| Types of Law 9Top to Bottom) |
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Definition
Constitution
Statutory
Administrative Rules and Regulations
Case Law |
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Law of the Land
Creates National Government
10 amendment reserves all powers not granted to federal government to states |
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| Statutory law is created by... |
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| the most accepted uniform law |
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Rule making
Investigating and enforcing rules
Judge violations of Rules |
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| Type of Independent agency |
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| Common law was created by |
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| William the Conqueror in 1066 |
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| Land, items of value and money |
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| are used to apply justice |
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| To stand on decided cases |
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| 4 Function of Stare Decisis Doctrine |
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Definition
-Create count decency
-Creates a more uniform system
-Make the law stable and predicable
-We use lessons learned from the past |
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| Departures from Precedent are |
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Definition
-If the judgment is incorrect
-The ruling is outdated |
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| 6 Factors used when court is face with case of first impression or when conflicting precedents exist |
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Definition
-Persuasive
-Legal principles and policies under previous court decisions
-What is fair
-Social values and customs
-Public Policy
Social Science data |
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| invokes the dealing between people and companies |
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Purpose: Punishment
Burden of Proof has to be beyond reasonable doubt |
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people want some type of compensation
Burden of Proof is on the plaintiff |
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| meant to compensate the damages of the plaintiff |
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| 3 types of actual damages |
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| 5 type of special damages |
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Definition
| Pain & suffering, injury to rep, mental anguish, disfigurement, loss of earning capacity |
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| Punitive/Exemplary damages are meant to |
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| punish the wrongdoer and are given in addition to compensatory damages |
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| 2 Types of novel remedies and purpose |
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Definition
Expectancy damages deals with contract
Market share liability deal with Tort. |
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| 3 Types of Remedies in Equity |
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Definition
-Special Performance
-Injunction: to do, or stop doing an action
-Rescission: unravel entire contract |
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Definition
| a logical relationship involving a major premise, a minor, premise, and a conclusion |
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| proceeds from one point to another |
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| Party appealing to supreme court |
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| won at court of appeals level and defends against petition to supreme court |
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| Difference between Judge vs Justice |
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Definition
Judge: federal or state district (trial) court in TX and Court of Criminal Appeals
Justice: federal or state courts of appeals (except Court of Criminal Appeals) and supreme court |
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| In long-arm jurisdiction defendant must have |
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Definition
Minimum Contacts with the state
1. If they have cause an accident or injury
2. If they have formed or breached a contract within the state
3. Visit the state to do business often |
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Definition
-Residents
-Anyone legally saved
-Long-arm Jurisdiction |
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