Federal law consists of the U.S. Constitution
State law consists of state constitution
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Definition of Law
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adopted by a legislative body, usually signed by the top person in the executive branch
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The use and purpose of precedent
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Precedent is used to guide the decision, provides fairness in the law
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A notification of this decision was mailed to Ford. What constitutional issues does this case raise?
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Adjudicating Ford's responsibility without a chance for Ford to argue its side of the story violates procedural due process
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Civil procedure
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File complaint, Clerk issues a summons, The pleadings are gathered
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Subject matter jurisdiction
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determines which types of cases a court can hear
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Common law vs. statutory law
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Common law- law that has been developed on the basis of preceding rulings by judges
Statutory law- written laws passed by legislature and government
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Obtains an injunction
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An order to do or to refrain from doing a particular act
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Types of Remedies
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Compensatory damages-a court orders the person that breached the contract to pay the other person enough money to get what they were promised in the contract elsewhere
Restitution- they tell the person that breached the contract to pay the other person back
Liquidated damages- These are damages that the parties agree to pay in the event a contract is breached.
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In rem jurisdiction
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Power of a court to declare rights against the world rather than solely against the named defendant
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Civil vs Criminal
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Civil law is the branch of law dealing with individual rights/duties and their enforcement
Criminal law is the branch of law dealing with crimes and their punishment
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Substantive vs Procedural
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Substantive law are general principles that define legal rights and duties
Procedural law are general principles that define the methods of administering substantive law
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Public vs Private
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Public is the body of law directly concerned with public rights and obligations
Private is the body of law regulating the rights and duties that exist between private persons/corporations
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1st amendment
Limits on this amendment
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Freedom of speech and religion
Constitution does not shield from civil lawsuits from things that exhort people to take the law into their own hands
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Plaintiff
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Person bringing lawsuit
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14th Amendment
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No state shall make/enforce any law which denies to any person the equal protection of the laws
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Appellee
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Original winner in trial court
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Types of courts
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Trial court- initial court that hears evidence and applies the law to decide facts
Kangaroo court- Farce trial
County/District court, State court, Appellate court, Federal court
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difference between mandatory and permissive precedents
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Mandatory precedent- A judge must follow the decision of a higher court in the same court system
Permissive precedent- A judge may follow the decision of any other court
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Personal jurisdiction
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State has power over you where you committed crime
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Domestic vs International
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International is the branch of law governing relations between and among sovereign nations
Domestic is the law of a country
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5th amendment
Limit on this amendment
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right to due process (to not talk to police)
An undercover officer posing as an inmate has no obligation to warn an incarcerated suspect of any constitutional rights before asking questions
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Who makes federal and State laws and how do they make law
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Federal laws are made by the U.S. Congress
State laws are made by the House of Delegates and the State Senate