UPDATE | WITH COMPLETE SOLUTION
Two Kinds of Law Answer - -Substantive Law
-Procedural Law
Substantive Law Answer - Law of substance
-What we are most concerned about
-Any law that defines rights
Procedural Law Answer - Law that tells you what you need to do in court in
order to secure/enforce your rights
Definition of Law Answer - 1) A body of rules
2) Which are enacted by public officials
3) Enacting in a legitimate way (deliberate)
4) Backed by the force of the state (police, sheriffs, courts)
Common Law Answer - -System first appeared in England somewhere around
1066 A.D.
-Was established because rulers began to introduce centralized governments
with courts
-Rulers were enforced based on custom/tradition
,3 Unique Characteristics of Common Law Answer - 1) Unlike law today, the law
was made by the judges
2) Based on precedent ('that which precedes'/past rulings)
3) The law was found in multiple sources but it was not contained in a book or
code
Primary Source of Our Law Today Answer - Constitution
-Law is also found in statutes, administrative regulations (PENNDOT), judicial
decisions, concept of Stare Decisis ("let the decisions stand or let it be")
Stare Decisis Answer - Let the decisions stand or let it be
The legal principle of determining points in litigation according to precedent
Civil Law Answer - Method for settling civil disputes
-Deals with private wrongs that society is not effected by (only the individuals
involved)
-Many cases deal with TORTS (medical, auto-accidents)
-Also addressed in civil law are contract actions, property law, domestic
relations, family law, and estates/trusts
Civil Disputes Look For Answer - -Monetary Damages (usually)
-Declaratory Judgement: judicial pronouncement which declares the rights of a
legal party
-Injunctive Relief/Injunction: judicial announcement that someone must stop
doing what the are doing (e.g. restraining order)
, Corpus Delicti (Elements of Crime) Answer - 1) Actus Rues: Guilty Act/Evil Act
2) Mens Rea: Guilty Intent/Evil Mind
3) Concurrence/Fusions: the Guilty Act of Guilty Intent
4) Attendant Circumstance (not truly part of crime): how much was stolen/how
bad did they hurt the person
5) Results/Outcomes/ Consequence
6) Legal Defenses
Law on the Book Answer - -What's supposed to happen
-The strict rules that we are all to follow
-Easily identified/written law
Law in Action Answer - -What really happens
-Practice, custom, and procedure that is followed
-Just cause it sounds/looks good on paper doesn't mean it will work well when
put into action
Dual Court System Answer - State Courts (court of general jurisdiction) and
Federal Courts (court of limited jurisdiction) running at the same time.
Federal Courts (bottom up) Answer - -Federal Magistrate: equivalent of a
district court judge; have the authority to perform all tasks that are performed
by a federal district court judge except deal with a felony.
-US District Court: 678 District Judgeships; called Article III judges and are
appointed by president/confirmed by the senate; serve in 94 districts spread
out across the country; each district has a district attorney.
-US Court of Appeals: 179 judges who serve as appellate court judges; 12
circuits spread out geographically across the country; considered the Court of
Last Resort because so few cases ever reach the Supreme Court.