disputes within the society Maintaining important social values 2. COMMON LAW/STATUTORY LAW Common law judge made law Under common law judges decide cases based on decisions from previous cases(stare decisis) Statutory law: Written laws created by federal and state legislatures 3. STARE DECISIS Doctrine where the law of precedent is used in guiding decision making in present cases before the court Precedent= prior judicial decisions 4. CIVIL/CRIMINAL Civil law: Concerns rights among members
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Common Law (public law only!) – Federal Administrative Law (Regulations) – State Constitutions – State Administrative Law – State Common Law (public & private) Key Concepts – Most Business Law still regulated by common law – Doctrine of Stare Decisis – Preemption Doctrine – Judicial Review – Congress writes really bad statutes! THE COURT SYSTEM Federal Courts & State Courts General vs. Specific Jurisdiction (general vs. specialized courts) – Exclusive Federal Jurisdiction Unlimited
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subject to philosophical arbitration. Therefore the only true measure of inherit justification can be achieved through the consensus of the largest portion of our society. State laws and regulations can be independent of federal influence and stare decisis when laws and regulation are considered malum pro habitum‚ that is when the population at large deems the issue non relevant to inherent moral and ethical consequence. For example our federal government could not allow a state to deem vehicular
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1. Business law topics such as contracts‚ agency‚ and property are primarily governed by the common law. 1. True 2. False 2. In most states judges are appointed. 1. True 2. False 3. The rational relationship test is more exacting than the intermediate test. 1. True 2. False 4-6. Legislative law includes 4. City ordinances 1. True 2. False 5. The Uniform Commercial Code 1. True 2. False 6. The Restatement of Torts 1. True 2. False
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LW1023 SECTION A 1. Do barristers make better judges? Give reasons for your answer. Essay plan: Firstly discuss the history of barristers including their requirements to become a barrister etc. Then go on to the judiciary the CRA 2005 and how judges are elected i.e. the juridical appointment commissions 14 member ect Then move on to the current demographic of the judiciary Sutton trust research 2004 CRA section 63 merit and section 63 diversity Compare to the dimorphic of barristers
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Civil Courts Magistrates Court The amount in dispute must be $150 000 or less QCAT Civil cases which involve small amounts of money less than $25 000 District Court Amounts from $150‚000 to $750‚000 in the District Court Supreme Courts $750’000 to unlimited amount in the Supreme Court Summary offences (Magistrate courts) Summary offences are matters that are be tried by a judge alone. If you are charged with a summary offence you do not have the right to have a trial by jury. Indictable
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years old (CIA World Factbook‚ 2016). Supreme Court hears cases involving members of government including from the president to diplomats. Established final rulings on constitutional matters; recently adopting amendment 45 in 2004 establishing Stare Decisis resulting in the high courts decisions to be binding precedents (“Brazil”‚ 2012). Lower courts include Federal Appeals Court‚ Superior Court of Justice‚ Superior Electoral Court‚ and Tribunal of the Union (CIA World Factbook‚
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Our American judiciary branch of the federal government has contributed and molded our American beliefs in this great nation. This branch of government is respected because of the code of conduct that the judges‚ no matter how conservative or liberal. The language of the court as well as the uniform of the cloaks that judges wear has most probably contributed towards this widespread respect. Throughout the history of the United States‚ I noticed a pattern of “cause and effect” that our judiciary
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Identify the sources and purposes of criminal law. Kristi Adams April 9th‚ 2014 If you had to choose between • • (1) killing one person to save the lives of five others and (2) doing nothing‚ even though you knew that five people would die right before your eyes if you did nothing—what would you do? What would be the right thing to do? • You are the driver of a light rail car when the brakes fail. • You can steer the rail car. • Ahead on the track are five workers
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parens patriae means ______________. a. the bad parent b. the proper parent c. the state as parent d. the child’s parent e. the parent’s right 4. A legal doctrine in which the state plays the role of the parent is called ____________. a. stare decisis b. parens patriae c. mens rea d. actus reus e. the law of parent rights 5. The authority granted by law to hear a case is called __________. a. jurisdiction b. actus reus c. states rights d. venue e. parens patriae 6. Any behavior
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