Case law is based on
the decisions made by those who run administrative agencies
. Case law is derived from judges’ decisions for actual cases. Remedies involve specific performance. stare decisis
What is a case law quizlet?
case law. laws
created and developed by judges in superior courts to resolve legal disputes
. they are only able to make case law to the extent necessary to resolve a legal dispute. judicial pronouncement/ common law. the pronouncement of law when no statutory law exists used to resolve disputes.
What is case law based on?
Case law is law that is based on
judicial decisions
rather than law based on constitutions, statutes, or regulations. Case law concerns unique disputes resolved by courts using the concrete facts of a case.
What is the function of case law quizlet?
Its purpose is
to ensure the accused are aware of, and reminded of
, these rights under the U.S. Constitution, and that they know they can invoke them at any time during the interview.
What are laws based on quizlet?
Laws are based on
moral, economic, political, or social values
. A legal way of making a provision less enforceable than it might otherwise be.
What is case law and why is it important?
In addition to the guidelines themselves, case law
helps to inform our understanding of how the guidelines work in a particular jurisdiction
. “Case law” is law that is derived from the decisions issued by judges in the cases before them in court.
What is the difference between case law and legislation?
Common law or case law is
law as declared by judges
. Legislation is the primary source of law today and all cases start with interpreting the legislation as made by Commonwealth and the States.
What is another term given to case law quizlet?
What is another term given to case law?
Common Law
.
In
a civil case, pleadings refer to.
How is case law established quizlet?
Case law is
derived from judges’ decisions for actual cases
. … A precedent is a decision that furnishes an example or authority for deciding subsequent cases involving similar legal principles or facts. True. A source of law that courts must follow when deciding a case is called a binding authority.
What is the difference between a statute and case law quizlet?
What is the difference between common law and statutory law? Common law is set by judges’ decisions in cases, and
statutory law is set by state, federal, and local legislators
. Name a difference between civil and criminal law. In civil law, a wrong usually is done to an individual, as opposed to on society as a whole.
Where most legal cases are decided?
Many people understand that the courts help decide and interpret the laws that legislatures put on the books. However, most people do not realize that most cases are decided through
state courts
, and not by courts under the U.S. government, known as federal courts.
Why is legal precedent important to the courts quizlet?
Why is a precedent important? Precedent is important because,
in the absence of proper laws, the judges needed to do whatever they could to insure that the rulings of judges remained roughly consistent from place to place
.
• Binding authority, also referred to as mandatory authority, refers to
cases, statutes, or
.
regulations that a court must follow because they bind the court
. • Persuasive authority refers to cases, statutes, or regulations that the court may follow but. does not have to follow.
What are the 4 values that laws are based on?
I believe there are four core values that comprise the foundation of effective legal service:
Client Focus; Quality; Character; and Reliable Outcomes
. These are values established by our current system, at its best.
What would a society without laws be like quizlet?
The purpose of laws is rules of conduct, usually found enacted in the form of statutes that regulate relationships between people and also between parties. What would a society without laws be like? Without laws would
have the primary functions of the law is to maintain public order
. You just studied 13 terms!
What are laws and what do they do quizlet?
What are laws and what do they do?
Laws are rules of conduct enforced by the government. Laws help protect people
. Criminal Law protects all citizens from people who pose a threat to society.