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- the principles and regulations emanating from a government and applicable to a people,whetherin the form of
- legislations emanating from a government and applicable to the peole, whether in form of legislatuture or of custome and
- policies recognized and enforced by judicial decision.
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latin term for standing by the decision.
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The doctorine that judicial decisions stand as precedents for casesa rising in the future.
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It if a fundamental policy of our law that except in unusual circumstances,
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a court's determination on a point of law will be followed by courts of the same or lower rank in later case presenting the same legal issue, even though different parties are involved and many years have elapsed the courts follow the reasoning and decisions of earlier courts when presented with similar fact situation unless a clear, convincing reason exists to depart from the exstablished
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the judge may go on to speculate about what his decision would or might have been if the facts of the
case had been different. |
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the ratio decidendi of a case is the principle of law on which a decision is based. When a judge
delivers judgement in a case he outlines the facts which he finds have been proved on the evidence. Then he applies the
law to thouse facts and arrives at a decision, for which he gives the reason |
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is generally used when a city of town council pass a local law; a law of a municipal corporation; a local law
enacted by a city council, town council, board of supervisor or the like, The rule established by authority. Ordinances my
not conflict with state or federal law. An ordinance that is inconsistent with a higher law may be invalidated by a court.
States limit the power of cities to punish for ordinance violations, and most city court trials are to the bench not to a jury |
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a rule having the force of law, promulgated by an administrative agency. |
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rules of court(court rules): |
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rules promulgaged by the court, governing procedure or practice before it. |
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order to the lower court to send the Supreme Court the record of the case for review which may or may
not be granted by the high court |
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federal specialized courts that have jurisdiction limited to a specialized subject area eg. Court of International Trade, United States Claims Court, and United States Tax Court |
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as a resolution of a dispute by a person other than a judge whose decision is binding. The arbitration may be
binding or nonbinding dependikng on prior agreement of parties. |
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asking questions designed to get parties thinking about probable results of delegating the problem
solving to the judge or strangers or the jury. Brain storming and other option-generating techniques may be employed, both
caucus and plenary session |
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law found in decisions of the courts rather than in statutes; judge made law |
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res judicata: [Latin, A thing adjudged.] |
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A rule that a final judgment on the merits by a court having jurisdiction is conclusive
between the parties to a suit as to all matters that were litigated or that could have been litigated in that suit. |
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particulary United States Constitution and Bill of Rights has a major impact on our legal system and our
society as a whole. The United States Constitution is the foundation of American Law and no laws may be passed or
enforced if they are in conflict with the Constitution. |
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is responsible for creation of law. legislative possesses the authority to modify, abolish or adopt the common
law, in whole or in part. Limits on the legislative branch are found in the bill of rights. |
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prior decision of the same court, or a higher court, which a judge must follow in deciding in subsequent case
presenting similar facts and the same legal problem, even though different parties are involved and many years have
elapsed |
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includes law that regulates, define and establish legal rights and obligations e. contracts, torts, criminal law, corporations, limited liability companies, real property, administrative, trusts and wills and
constitutional law |
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establishes the method of enforcing the substantive laws. eg. the areas of procedural law are federal and
state rules of evidence, rules of civil procedure, and rules of criminal procedure. |
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is best described as the relationships between persons and their government. eg. constitutional law, administrative
law and criminal law describe the relationship between government and the people |
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describes relationship between people eg. a breach of contract, a tort, wills and trusts, and corporate law are
all examples of private law since they effect person to person. |
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law that exists between persons or between citizens and their government. |
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involves wrong against the public as a whole. |
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is the means by which a right is enforces or satisfaction is gained for a harm done. |
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such as an order for a person to perform an obligation under a contract. |
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he who seeks equity must do equity. equity must follow th law, he who comes into equity come into
clean hands. are both substantive and procedural; courts use maxims in one or tw ways enabling or restrictive; enabling
pertain to the subject of equitable jurisdiciton and the granting of relief: restrictive causes the court to deny relief; while
courts do refer to specific maxims as often as courts in the past.; but the equitable maximms help in analysis of issues and
in predictiing the outcome of a case. common equitable maxims he who seeks equity must do equity; equity will not
enforce and unconscionable contract; he who comes into equity must come with clean hands; equity is not an avenger at
large; equity aids the vigilant, not those who slumber on their rights; equity acts in personam; equity follow the law; equity
delights to justice and not by halves, equity will not suffer wrong to be without a remedy; equity regards that done which
ought to be done; Equity regards substance rather than form; Equity imputes an intent to fulfill and obligation; Equality is
equity; betwen is equal equities the law will prevail; betwen equal equities the first in order of time prevail; equity adbhors a
forteitue; Equity will not aid volunteer. thirteen pricipal equitable maximiums which will be considered in order. ****Need a
better definition still unclear have read 23 supplement if clearer after than |
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