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-Natural Law -Historical Law -Analytical -Sociological -Command -Critical Legal Studies -Law and Economics |
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-Law is based on what is "correct" -Law should be based on morality and ethics |
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-Law is an aggragate of social traditions and customs |
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-Law is a means of achieving and advancing certain sociological goals |
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-Law is a set of rules developed, communicated, and enforced by the ruling party |
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Critical Legal Studies School |
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-Legal rules as unnecessary, with legal disputes to be solved by applying arbitrary rules based on fairness |
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-Promoting market efficiency as the central concern of legal decision making |
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Doctrine of Stare Decisis |
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-past court decisions become precedent -lower courts follow higher courts -one jurisdiction not bound by another |
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Priorit of Law in the U.S. |
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-constitution and treaties -federal statutes over federal regulations -valid federal law over conflicting state law -state constitutions are highest state law -state statutes over state regulations -valid state law over local laws |
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-Federal Court Systems -State Court Systems |
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-Supreme Court -Intermediate Appellate Courts -Limited-Jurisdiction Trial Courts -General-Jurisdiction Trial Courts |
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Limited-Jurisdiction Trial Courts |
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Hears matters of specialized or limited nature -Traffic Court, Juvenile Court, Probate Court, Etc. |
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General-Jurisdiction Trial Courts |
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-Cases of a general nature not within jurisdiction of limited-jurisdiction courts -record and store testimony and evidence |
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Intermediate Appellate Courts |
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-Appeals from trial courts -Review trial court record for errors -No new testimony of evidence |
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-"supreme court" -hears appeals from intermediate state courts and certain trial courts -no new testimony or evidence -final unless a question of law |
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-U.S. Supreme Court -U.S. Courts of Appeals -Special Federal Courts -U.S. Distric Courts |
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Matters of specialized of limited jurisdiction -tax court, court of federal claims, bankruptcy court |
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-Trials court of general jurisdiction -most federal cases originate -lifetime appointments |
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-Intermediate Appelate Courts -appeals from district courts in their circuit -13 circuits -lifetime appointments |
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