QST LA 245 Chapter Notes - Chapter 4: Precedent, Federal Election Campaign Act, Federal Communications Commission
Document Summary
Chapter 4: common law, statutory law, and administrative law. The common law is judge-made law, the sum total of all the cases decided by appellate. February 2nd, 2011 courts in that state (given case in state, not federal, system). Appellate courts are the only ones to make rulings of law, whereas the trial court must decide facts. Stare decisis means let the decision stand, indicating that once a court has decided a particular issue, it will generally apply the same rule in future cases. This country inherited from england a simple rule about a bystander"s obligations: you have no duty to assist someone in peril unless you created the danger. The common law changes bit by bit. Most new law is statutory law, that is the one part of the law over which we the people have control. We elect the local legislators who pass state statutes; we vote for the senators and representatives who create federal statutes.