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Common Law- Equity law
- unwritten legal principles
- based on fairness
- can change
- New laws trump over common laws.
congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government.
To amend the constitution:
Each house (congress and senate) must approve a proposed amendment by a two-thirds vote, hen it has to be ratified by 3/4 of the states.
"let the precedent stand"- when a court does make a decision based on previous decisions.
reversing/overruling a precedent
choosing to completely disregard a precedent, even if the case is almost identical.
example: Plessy v. Ferguson...separate but equal precedent overturned by Brown v. Broad of education decision.
distinguishing a case means:
the court doesn't follow a precedent on the grounds that the case is different.
laws that compass acts of congress, laws enacted by state legislatures and even ordianances adopted by city and county governments.
Statutory laws are organized into codes...
- Codes are collections of laws on similar subjects, indexed and arranged by subject matter.
- Congress can't pass a statutory law to overrule a supreme court decision, interpreting the meaning of the constitution.
- laws enacted by agencies with the power to adopt administrative regulations.
- Appeal to the U.S. courts of appeals
- remedy for legal wrongs, sometimes when money isn't enough.
- includes rewarding for damages ($$)
- injunctions-require someone to do something they're supposed to do, or restrain from doing something that would cause harm.
- someone is accused of committing an act that is considered to be an offense against society as a whole.
- - murder, robbery, rape.
- Defendant against the people (society as a whole)
In a criminal case the prosecution must prove guilt beyond a reasonable doubt.
- level of certainty require for a criminal conviction and the highest level of proof.
- because the defendants life or liberty may be at stake.
one party claims another party injured him individually, not necessarily bad enough that it is considered a crime against society as a whole.
between two individuals, or corporations.