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- Learn the differences between public law and private law
- Differentiate between criminal and civil laws
- Study substantive law and procedural law
- Examine the court system, including the three levels of courts
- Understand the structure of the trial court, appellate courts and court of last resort
- Describe the Supreme Court
- Learn the structure of the state court system
- Study court functions, such as original and appellate jurisdiction, reversal and remand
- Understand jurisdiction over property
- Know the jurisdiction of the Supreme Court
1. Public Law vs. Private Law: Definitions and Differences
The simple difference between public and private law is in those that each affects. Public law affects society as a whole, while private law affects individuals, families, businesses and small groups.
2. Criminal Law vs. Civil Law: Definitions and Differences
There are two main classifications of law. Criminal laws regulate crimes, or wrongs committed against the government. Civil laws regulate disputes between private parties. This lesson explains the main differences between criminal and civil law.
3. Substantive Law vs. Procedural Law: Definitions and Differences
Substantive law and procedural law work together to ensure that in a criminal or civil case, the appropriate laws are applied and the proper procedures are followed to bring a case to trial. In this lesson, we'll discuss the differences between the two and how they relate to the legal system as a whole.
4. The Court System: Trial, Appellate & Supreme Court
There are three separate levels of courts in our legal system, each serving a different function. Trial courts settle disputes as the first court of instance, appellate courts review cases moved up from trial courts and supreme courts hear cases of national importance or those appealed in the court of appeals.
5. The 3 Levels of the Federal Court System: Structure and Organization
The federal court system has three main levels: U.S. District Court, U.S. Circuit Court of Appeals and the U.S. Supreme Court. Each level of court serves a different legal function for both civil and criminal cases.
6. Overview of the US Supreme Court
The U.S. Supreme Court justices reside over cases involving original jurisdiction under certain circumstances and appellate jurisdiction when a decision from a lower court involving constitutional law is at issue. Appellate cases require a writ of certiorari requesting permission to address this court.
7. State Court System: Structure & Overview
There is no uniform structure to the State Court System. Each state has its own system but most states operate similarly to the Federal Court System in that there are several levels of courts including trial courts, intermediate appellate courts and supreme courts.
8. Long Arm Statute: Definition & Example
Long-arm statute refers to the jurisdiction a court has over out-of-state defendant corporations. International Shoe v. State of Washington was a landmark case that set precedent for establishing the right for government to use the long-arm statute to bring an action against a defendant corporation.
9. Court Functions: Original and Appellate Jurisdiction
Courts exercise two types of jurisdiction over cases: original jurisdiction and appellate jurisdiction for cases previously heard in a lower court. Judges have the option, when hearing an appeals case, to reverse or remand a decision based on a violation of law like abuse of discretion.
10. Subject Matter Jurisdiction: Federal, State and Concurrent
One of the ways a court determines whether a case will be heard is based on subject matter jurisdiction. We will explore several factors that determine subject matter jurisdiction in state and federal courts, including concurrent subject matter jurisdiction.
11. Jurisdiction over Property: Definition & Types
In rem and quasi in rem jurisdiction give a court power over property. The court's power over the property can be used as leverage or as a means of satisfying a civil action against a defendant. The conditions that are required determine the court's ability to exercise both types of jurisdiction of property.
12. What is the Jurisdiction of the Supreme Court?
The U.S. Supreme Court exercises a right to preside over specific cases and is considered the court of original jurisdiction based on subject-matter jurisdiction. It is considered an appellate court for cases involving constitutional law under certain circumstances.
13. How Venue is Determined for a Court Case
Venue is the location where a civil or criminal case is decided. The venue is decided similarly in civil and criminal trials. However, the venue is decided differently in state and federal courts.
14. Procedural Law: Definition & Example
In this lesson, you will learn what constitutes procedural law. Review the definition of procedural law, and examine several examples of procedural law to gain a thorough understanding.
15. Res Ipsa Loquitur: Definition, Examples & Cases
In this lesson, you will learn what constitutes res ipsa loquitur. You will also review examples and a seminal case in order to determine how a court assesses whether a case meets the res ipsa loquitur standard.
16. Implied Powers of the President of the U.S.
The writers of the U.S. Constitution gave the president the power to do specific things, but they also tried to plan for unforeseen circumstances by giving the president unspecified powers. These are called implied powers, and we'll take a look at what they are and how they've been used.
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