Precedent - Study guides, Class notes & Summaries

SCCJA Special Basic Study Guide with complete solutions (Updated) Historical Events occurring between 1776 and 1791 that lead to decisions that lead to the ratification of the Constitution and the Bill of Rights ️ Colonists declared independence from England, in order to create a central government without the ability to become a tyranny. Strong versus Decentralized form of government battle where the Bill of Rights came in. First Amendment ️ Congress shall make no law respecting an ...

Henry de Bracton - Established precedence - court cases that have already been determined. Common Law says that you should follow precedent. Shire Reeves - Top law enforcement official who came before the sheriff position was created Tithing - every freeman belonged to a group of 10 freemen. If anyone injured someone outside of the tithing, all ten members would be forced to pay. Vicarious Liability - Business partnerships use the same concept of collective liability. If one partner is irr...

Doctrine of Legislative Supremacy statutory law prevails if conflict arises with common law What is the supreme law of the land? The Constitution Who has authority to declare act of congress unconstitutional? Federal Courts Warrantless Searches certain administrative searches for highly regulated activities Exclusionary Rule illegally obtained evidence cannot be used Regulatory Taking government denies owner of economic use of land Congress can leg...

discovery includes - interrogatories, requests for admission, requests for documents, subpoenas, depositions discovery rules - discovery is allowed regarding any matter that is relevant to the claim or defense of any party define a controlling precedent - a binding authority that requires a court to follow prior court decisions in its jurisdiction a party may appeal 4 things - a verdict, legal issue, motion, adverse court ruling a trial just by a judge is a - bench trial action of law/eq...

POST TEST #1 LD 5,15,16,20,39 Question and Answers 2023 Rated A+ 3 origins of law -ANS>> Constitutional, statutory and case law Constitutional Law -ANS>> Rules and provisions found in the federal and state constitutions Statutory Law -ANS>> Written laws enacted by a legislative body Case Law -ANS>> Previous appellate court decisions that are binding on lower court decisions (know as precedent) Primary purpose is to interpret constitution and clarify sta...

Common Law - law derived from judicial decisions instead of from statutes English Common Law - most U.S. states have reception statutes/ you can rely on English common law in the U.S. Articles of Confederation - Weak central government, w/ 3 broad limitations: 1. economic disorganization 2. lack of central leadership 3. legislative inefficiencies Constitution aimed to address: - 1. Separation of Powers (3 branches) 2. Checks & Balances 3. Federalism (Supremacy Clause) Federalism - gove...

Insurance - Transfer of risk from one person or organization to an insurance company Indemnity - The principle to restore the insured to the pre-loss economic or financial condition. Law of Large numbers - Mathematical principle used by insurers to predict losses to charge the appropriate premiums Insurable Interest - Proof that someone stands to lose financially if a loss occurs; must exist at the time of the loss in property and casualty insurance Binder - Temporary insurance contr...

SECTION 1 1.The point of departure for every law student is an understanding of the concept of law. 1.1 Explain the difference between law and morality or religion (3) The Law is the system of legal rules recognised and enforced by the government to control human behaviour. It has the following characteristics: System of rules Intended to control human behaviour Should be recognised by the state Enforced by the state On the other hand morality or religion refers to the pri...

Chapter 1: Introduction to Business Law Chapter 1: Introduction to Business Law Relevant areas of business law applicable to human recourse management involve (4): 1. Agency law 2. Contracts 3. Employment and labor laws 4. Employment discrimination This type of law regulates disputes between private individuals or groups. (Ex: dispute between landlord and tenant governed by private law). Private law This type of law regulates disputes between private individuals and g...

CSL2601 PORTFOLIO MEMO - MAY/JUNE 2024 - SEMESTER 1 - UNISA - (DETAILED ANSWERS WITH REFERENCES - DISTINCTION GUARANTEED!) In the early 1990s when South Africa was contemplating transition to democracy, Wiechers advanced the case for the establishment of a constitutional court. He argued that this court would be able to protect and enforce human rights and liberties [and] to provide expert knowledge and the political as well as socio-economic understanding which is needed to judge int...