It says people (social) agree to give up freedoms to the government in return for government protection (contract).
Common Law
This is based on tradition. It is simply a state's customs or the tradition of court decisions.
CASE-----> DECISION-----> PRECEDENT-----> CASE 2-----> DECISION 2------> PRECEDENT REINFORCED-----> TRADITION
Constitutional Law
This is just the Constitution. That seems very simple, but the Supreme Court must interpret exactly what is meant.
Statutory Law
These are laws (statutes) passed by a legislature or Congress.
Two main categories of law
Civil law = disputes between people, usually over money.
Criminal law = dispute between a person (defendant) and the public as a whole (often the state).
Examples...
Civil - John Doe v. Mary Jones. John Doe is suing Mary Jones over a broken contract.
Criminal - People of the State of Florida v. Tom Smith. Tom is on trial for burglary.
Two terms
Plaintiff - the person/group that feels they've "been wronged" and thus have the complaint.
Defendant - the person at whom the complaint is directed.
In criminal cases, the plaintiff is always the people of the state.
Jurisdiction
defined = the authority of a court
Geographic - simply an area
Power to start or hear a case
Original Jurisdiction = authority to start a case.
Appellate Jurisdiction = authority to hear an appeal from a lower court.
Federal Court Structure - (see chart p. 437 for others)
__________________________________________________________________
STATE COURT SYSTEM || FEDERAL COURT SYSTEM
________________________________||________________________________
State Supreme Court ||C U.S. Supreme Court
| ||O |
| ||N |
State Appellate Courts ||ST 12 U.S. Courts of Appeals
| ||TI |
| ||IO |
Local (County) Trial Courts ||TN 96 U.S. District Courts
________________________________||U?______________________________
The only time you can cross from state to federal sides is if the Constitution is in question.
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