1. Constitutions: establish governmental structure, specific rights and duties (supreme)
Statutes: enacted by legislative body to regulate conduct
Common law (case law) is made and applied by judges at the state level
...
1. Constitutions: establish governmental structure, specific rights and duties (supreme)
Statutes: enacted by legislative body to regulate conduct
Common law (case law) is made and applied by judges at the state level as judges decide cases
according to the doctrine of precedent or stare decisis
Ordinance: made by subunits of state governments (e.g., counties, cities) for local issues
Executive Order: issued by the U.S. President or a state governor under limited powers
2. Stare decisis is doctrine of precedent or (let the decision stand) related to common law
3. Federal supremacy: a rule of priority for conflicts between laws stating that the U.S.
Constitution is the supreme law
–
Supremacy Clause, Article VI, Section 2, of the U.S. Constitution (The Supremacy Clause of the
Constitution of the United States, establishes that the Constitution, federal laws made pursuant to it,
and treaties made under its authority, constitute the “supreme Law of the Land”, and thus take
priority over any conflicting state laws.)
4. Criminal law establishes duties to society
Civil law establishes duties and obligations between private parties
Substantive law establishes rights and duties of people in society
Procedural law establishes how to enforce those rights and duties
Public law refers to the relationship between governments and private parties
Private law refers to the regulation of conduct between private parties
5. Legal positivism: law is the command of a recognized political authority (Just or unjust, law must
be obeyed)
Natural law: universal moral rules bind all people whether written or unwritten
6.
• Peacekeeping
•Checking government power and promoting
personal freedom
•Facilitating planning and the realization of
reasonable expectations
•Promoting economic growth through free
competition
•Promoting social justice
•Protecting the environment
7. Standing direct interest in the outcome to sue
Chapter 2:
8. General jurisdicti
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