the primary law is the law itself (i.e. the constitution) secondary law is summaries and definitions of the law (generally not used as precedent during court)

negligence case

  • duty
  • breach
  • causation
  • damages

treaties - secondary source / textbook / hornbook treaty - agreement with other another country

court rules - primary law

judicial review - the court cant interpret a law and declare if it's unconstitutional

persuasive law - a legal source that a court can/can not use/take into consideration

mandatory

  • laws that lower courts have to follow

persuasive

  • cases that courts can take into consideration

you bring all claims to the same court

we still refer our laws/citations to volumes (books)

juries determine what the facts are, while the plaintiff and the defendant bring their own evidence to prove their case

if the plaintiff/defendant did not like the outcome of the trial district court, they can claim error of law / error law bias, then u would be brought to the appellate court.

plaintiff - defendant

after a claim/complaint has been brought up and th trial is brought to the appellate court, the person raising the complaint becomes the appellant, and the person on the other end becomes the appellee.

the appellate court can

  • affirm the case
  • reverse the case
  • vacate the situation and send it to be retrialed

appealing again will bring the trial/case to SJC, supreme judicial court and then the US supreme court (as a last resort)

  • right of ---

concurrent jurisdiction - the choice to bring a case federally or to the state if both can evaluate the case - bankruptcy is only on the federal, state has no jurisdiction or power of the matter

jan 23 2025 ∞
jan 28 2025 +