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- they CANT cross state lines
- congress determines them
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1 Substantive vs. Procedural Law 2 US Fed District Court Boundaries
3 Judicial Federalism 4 res judicata
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Terms in this set (82)
Substantive: laws that define and regulate rights and
Substantive vs. duties.
Procedural Law Procedural: laws that establish methods for
enforcing and protecting rights.
, Public - government offended by purpatrador
Public vs. Private Law
Private - person to person or organizations
Criminal laws - regulate crimes, or wrongs
committed against the government.
Civil vs. Criminal Law
Civil laws - regulate disputes between private
parties.
Let the decision stand; decisions are based on
stare decisis
precedents from previous cases
"The thing has been decided." A claim cannot be
retried between the same parties if it has already
res judicata
been legally resolved. appellate court decides to
appeal or sustain it.
A statement of opinion or belief considered
dicta authoritative because of the dignity of the person
making it.
The reason for a decision (the binding part of a
Ratio decidendi
decision).
establishing standards
Vago's purposes and maintaining order
functions of law resolving disputes
protecting liberties and rights
consensus -argues that the organizations of a
criminal justice system either do, or should, work
cooperatively to produce justice
Consensus v. Conflict
Model
conflict- argues that the organizations of a criminal
justice system either do, or should, work
competitively to produce justice
constitutions, statutes, administrative regulations,
Four Sources of Law
and case law
Supreme court hears a case involving a law in
Judicial Review
conflict with the Constitution
Marbury vs. Madison Supreme Court Case- created Judicial Review, set
case precedent that SC can say a law is unconstitutional