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Law - Consitution, Legislation

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Submitted By lin118
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Chapter 1: I. Sources of law: a. 宪法constitutional i. Federal constitution: 1. Treaty with other countries: approved by 2/3 of senate; signed by president 2. What the government can and cannot do ii. State constitution: cannot conflict with federal constitution b. Statutory Law : 指的是"实定法",是指经立法机关制订通过的法律条文。法院诉讼审判依据,即是这个既存的法律条文,而非过去的判例。 iii. Federal statutory law: Law starting from senate(参议院) , and then house of representatives(众议院); finally vote or veto by president; such as Act 1934 iv. State statutory law: law starting from state senate, and then state assembly. Finally, signed or veto by governor c. Common law/ Case law/judge made law: 简单而言,就是"判例法"的意思;就是说,法院在进行诉讼审判时,寻求过去的司法判例当作审判依据,根据的是"平等原则"(或者说"正义原则"),亦即"相同的诉讼,有相同的审判结果",因此对当事人有了公平与正义的保障。 v. Law made through interpretation by judges of common law, constitution, statutes, & admin law

d. Administrative law:行政法

II. Graph

III. Law v. Equity: e. Law can get monetary damage f. Equity can get injunction, specific performance, rescission g. Controlling precedents: supreme court binds all; us court of appeal bind with US district court. IV. School of law thoughts h. Natural law school: 法律正道是国家制订的法律之外的、存在于人的内心中的自然法,而非由人们的协议产生的规则本身的法学学派 i. Positivist school:there is no law higher than the law created by the government j. Historical: passage of time to shape present laws k. Legal realism: more pragmatic approach to the law
Chapter 2: Court System I. Federal court system: organized by circuit a. US supreme court b. US court of appeal by ____circuit c. US district court, specialized court, federal administrative agency II. State court system d. US supreme court e. state supreme court f. state…...

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