8th January 2013
Types of classifications of law:
* Federal, state and tribal level:
* Constitution: establishes governmental structure, specific rights and duties.
* Statute: enacted by legislative body to regulate conduct
* Common law: case law (judge-made)
* Administrative law: agency rules to implement enforcement of statues.
* Issued at the chief executive level:
* Executive order: under limited power (Whitehouse)
* Treaty: with other nations, by the U.S president on behalf of the nation, ratified by the U.S Senate (Antarctic Treaty)
* Stare decisis (let the decision stand) is the doctrine of precedent applied in common law
* Equity is applied by the judiciary to achieve justice when legal rules would produce unfair results
* Federal supremacy: a rule of priority for conflicts between laws that holds the U.S. constitution is the supreme law of the land.
* Criminal law: establishes duties to society
* Government charges and prosecutes defendant, who is found guilty or innocent.
* Convicted defendant will be imprisoned or fined.
* Civil law: establishes duties between private parties.
* Plaintiff sues defendant for monetary damages or rightful relief.
* A defendant will be held liable or not liable.
* 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.
* Jurisprudence: refers to the philosophy of law as well as the collection of laws.
* Legal positivism: law is the command of a recognized political authority
* Just or unjust, law must be obeyed.
* Natural law: universal moral rules that bind all whether written or unwritten.
* Unjust positive laws are invalid.
* Legal realism: law as the behavior of the judiciary...