k.a.precedent a. stare decisis .

could he be liable to the plaintiff? • DECISION: What was the court’s decision? .The Oculist’s Case (1329) Analyzing a case • Summary of facts • ISSUES: Did the plaintiff bring the wrong type of suit? If the defendant’s care was defective.

aka stare decisis .The Oculist’s Case (1329) The doctrine of precedent.

The Oculist’s Case (1329) Would this case have a different outcome today? » 2012 .

.Procedural Argument Focuses on how a dispute should be resolved. Can affect outcome of case without ever reaching the merits of the case Example is statute of limitations. can a certain witness testify.. Example is whether certain evidence can be admitted (e.g.

Federalism • U.S. Constitution: – Established national government with 3 branches – Ensures that the states retain all power not given to the national government – Guarantees many basic rights to the American people • We have TWO entire systems of government: THIS IS A – Federal government – State government CONCEPT OF FEDERALISM .

The Four Main Sources of Law • Federal and state constitutions • Federal and state statutes • Common law • Administrative law .

Two Other Sources of Law • Treaties • Executive Orders .

Federal Appellate. state supreme courts One Federal Government LEGISLATIVE BRANCH Congress EXECUTIVE BRANCH President FEDERAL COURTS District.Sources of Law 50 State Governments LEGISLATIVE BRANCH State legislature EXECUTIVE BRANCH Governor STATE COURTS Trial. Supreme Court . state appellate.

Criminal law v.” . Civil law What’s wrong with this sentence?: “The court found Sheila guilty of breaching the contract.

Criminal Law • The parties – Civil: Plaintiff and Defendant – Criminal: Government and Defendant • The procedures • The penalties – Civil: “remedies” e.Civil vs.g. damages.. – Criminal: jail time and/or fines & restitution • The burden of proof – Civil: Preponderance of evidence – Criminal: Beyond a reasonable doubt . specific perf.

Pub Zone • Summary of facts • How did the lower court rule? • What’s the issue? • How did the appellate ct rule & why? .Kuehn v.

YOU BE THE JUDGE! JAMES V. MEOW MEDIA • Summarize the facts. • How did the trial rule and why? • What’s the main issue? • VOTE • Court’s decision • Discussion .

Master your semester with Scribd & The New York Times

Special offer for students: Only $4.99/month.

Master your semester with Scribd & The New York Times

Cancel anytime.