a person who brings a case against another in a court of law
(Petitioner) - answers✔✔Plaintiff
an individual or group being sued or charged with a crime
(Respondent) - answers✔✔Defendant
To INTERPRET and APPLY the law based on a set of facts
- also have Flexibility - answers✔✔What is the MAIN function of a judge?
common law - answers✔✔Unwritten Principles
Statutes - answers✔✔Written Rules
case law - answers✔✔Court Decisions
The study of law including the different schools of legal jurisprudence thought -
answers✔✔Jurisprudence
1. Personality
, 2. Values
3. Intellect
4. Politics
5. Legal philosophy - answers✔✔Factors influencing a judge's decision making
-God given right
-an unjust law is no law at all
-more inclined to change - answers✔✔Naturalist School
- opposite of a naturalist
- The law is what the sovereign says it is
- no higher law than the nation's positive law - answers✔✔Positivist School
- law has evolved over time so look to past to determine what law should be today
- "don't change what isn't broken"
- Tradition & customs - answers✔✔Historical School
- law is shaped by social forces and needs
- cannot be applied uniformly - answers✔✔Legal Realism ( Sociological School)
Supreme law of the land - answers✔✔What is the Federal - US Constitution?
- laws enacted by a legislative body - answers✔✔Statutes - Statutory Law
synonymous with one another - answers✔✔Common Law - Judge made Law - Case Law