Chapter 1 Basic Legal Concepts and Terminology - rough-cut statutory philosophy or the justness of nature of that case o Base on custom, greenness sense, & fairness - Common faithfulness developed = principles of stare decisis to stand by things determined & precedente (cases that deport other cases) - Courts make decision based on facts before it. Provided guidance for other motor hotels with similar facts. - The reason is = mass functioning in society needed to know that a particular to conduct themselves accordingly. stare decisis serves as a snare on the power of judges - Statue: law passes; prohibition, command, declaration. - The common law, statutory law and the principle of stare decisis= backbone of our legal system. meaning vs. Equity - indispensable law- legislative enactments or decisions handed d give birth by judges. - The court may go around the rule by apply ing principles of justness= attempt to compass fair result when the common law rule is short-handed to achieve referee. Substance vs. Procedure - Courts make decisions by studying exiting rules of substantive law and by relying on principles of justice and common sense.
- Rules of substantive law differ rules of operations states establish its own procedure/fed courts o Gain access to the courts o hire themselves during preparatory for trial o Conduct themselves during the trial itself o Enforce the judgment of a court, once that judgment has been entrered - baring prevents unfair! surprises; it also enables parties to present to the court a practically complete story so that the court can let out understand the truth. - federal official courts= Federal Rules of courtly Procedure & the Federal Rules of Criminal Procedure. Civil vs. Criminal - cardinal basic types of disputes: civil & criminal - Plaintiff- brings a lawsuit- seeking or so sorts redress= individual, corporation, or a state - insurance=...If you sine qua non to get a full essay, order it on our website:
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