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a body of rules of action or conduct prescribed by controlling authority, and having binding legal force.
law
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a formula for making a decision
rule
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What are the sources of law in the USA?
legislative & common
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a
body of rules of action or conduct prescribed by controlling authority, and
having binding legal force.
legislative law
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the constitutions creates:
presidency, congress, supreme court
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The written instrument agreed upon by the people
of the Union or of a particular state, as the absolute rule of action and
decision for all departments (i.e. branches) and officers of the government in
respect to all the points covered by it, which must control until it shall be
changed by the authority which established it (i.e., by amendment), and in
opposition to which any act or ordinance of any such department or officer is
null and void.
US Constitution
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What are the 3 branches of the US Govt?
executive, legislative, judicial
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a legislative act passed by a legislative body
statute
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stautes may govern:
states, cities, or a country
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statutes are sometimes referred to as:
legislation or black letter law
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the two different kinds of statutes are:
civil & criminal
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How do statutes in Texas work?
Texas has General Statutes which then direct you to specific laws or codes (i.e. Probate Code which deals administering the deceases estate)
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Common Law is also referred to as:
Court Made law
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Where did commonl law originate?
England; later adopted by US; based on precedent
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Who follows Common Law?
All States except for Louisiana
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What forms the basis for common law?
precedent
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Who makes Common Law?
Judges by applying and interpreting previous decisions
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to stand by things decided:
Stare Decisis
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Is precedent always followed?
No
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What does Stare Decisis require and what is the binding authority?
must follow established precident within the same jurisdiction of equal or higher court with same material facts
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How is persuasive authority different from binding authority?
Persuasive auhtority from another juridiction may be used when there is no established precedent. Binding authority trumps persuasive authority (texas court may look at the handling of similar case if no binding authority exists)
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what is the Legislature's role?
make laws
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The evolving relationship between U.S. and state goverments?
Federalism
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The authority of a court to hear and decide a dispute in the first instance?
origninal jurisdiction
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What is appellate jurisdiction?
the court of appeals
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A court whose jurisdiction is limited by one or more factors?
limited jurisdiction
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How do federal judges get their positions
president
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Federal courts may hear what type of cases?
civil and criminal
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What powers does the constitution give congress over the federal courts?
can abolish federal courts but not supreme court
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What created the US Supreme Court?
US Constitution; Judiciary Act of 1789
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How does a case get to the Supreme Court?
pettition for a Writ of Certiorari
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What authority binds the appellate court?
Supreme Court; limited and appellate jurisdiction
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How many appellate courts are there currently?
13
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What do appellate courts use to decide cases?
original records/evidence
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How many district courts are there?
94
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grand juries may________the accused
indict
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Judges may appoint_________to help them with their caseload
magistrate judges
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How many federal district courts are in Texas?
4
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What creates state courts?
state constitution
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How do state judges get their jobs?
general election
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Texas supreme court decisions are______ unless it is a criminal matter
final
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What is the Texas Supreme Court's jurisdiction?
limited to appeals from the court of appeals
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How many state courts of appeals are there?
14
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the 3 limited jurisdiction courts in Texas are:
constitiutional county courts, statutory probate courts, county courts at law
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How many county courts are there in Texas?
4
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What are Municipal Courts?
Local trial courts; criminal misdemeanors <$500
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What type of cases may Justice of the Peace Courts hear?
<$10,000
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