Jurisprudence FINAL EXAM STUDY GUIDE 2022 Update

Jurisprudence FINAL EXAM STUDY GUIDE 2022 Update The US Constitution (Lessons 1-2) Supreme law of the land. Contains the Main Body and 26/27 Amendments Bill of Rights (Lessons 1-2) The first 10 amendments of the Constitution. In 1870, the 14th Amendment made these applicable to the states. What does the 14th Amendment provide? (Lessons 1-2) Provides Due Process and Equal Protection (Also Justice) List and explain the branches of government (Lessons 1-2) Legislative - Creates law Executive - Enforces the law Judicial Branch - Interprets the Law What are other names for Circuit Courts? (Lessons 1-2) Appellate Courts or Courts of Appeal Number of Federal Circuits and District Courts (Lessons 1-2) 13 and 94 Explain Precedent (Lessons 1-2) A previous case with similar circumstances used for reference; advisory only, need not be followed Explain Stare Decisis (Lessons 1-2) Latin for "let the decision stand." A legal doctine holding that the ruling of a higher court in the same chain or stovepipe will be followed by a lower court unless: 1) the circumstances have changed 2) the earlier decision was wrong *Only the court that set the rule can change it. What is Law? (Lessons 1-2) a system of rules that defines socially acceptable behavior and sets punishments for violations List the Types of Law (Lessons 1-2) 1) Statutory 2) Common 3) Administrative 4) Public 5) Private 6) Substantive (substance) 7) Procedural (procedures) 8) Criminal 9) Civil What is the CFR? (Lessons 1-2) Code of Federal Regulations (Administrative) Substantive Law (Lessons 1-2) is the set of laws that governs how members of a society are to behave Procedural Law (Lessons 1-2) rules of court comprises the rules by which a court hears and determines what happens in civil, lawsuit, criminal or administrative proceedings. Statutory Law (Lessons 1-2) Law passed by the U.S. Congress or state legislatures Administrative Law (Lessons 1-2) Consists of those rules and procedures established by regulatory agencies. Common Law (Lessons 1-2) A system of law based on precedent and customs based on precedents established by judges' decisions [Insert Name] v. [Insert Name] Criminal Law (Lessons 1-2) Group of laws that defines and sets restriction of liberty for a public wrong Burden of Proof : Beyond a reasonable doubt Civil Law (Lessons 1-2) Groups of laws covering Contract or Tort law involving a private wrong Burden of Proof : preponderance; clear & convincing evidence What type's of cases are never published in the military justics (MJ) system? Court Martials Keywords for a Federal Statutory Law (Lessons 1-2) Act, Code, or Statute Define a Contract (Lessons 1-2) A legally binding agreement that the courts will enforce (mutually exclusive - cannot also be Tort)