POSC 209 Lecture 1: INTRO TO LAW 209
6 Oct 2016
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Document Summary
Law is the rules of conduct or action prescribed (ex. legislative branch) or formally recognized as binding (ex. judicial branch) or enforced (ex. executive branch) by a controlling authority (ex. government). Common law (originated in england): custom becomes law through recognition in the courts. Only relevant when legislation isn"t around to enact law. Two key laws to the common law, one is precedent and the second is stare decisis. Precedent: in common law legal systems precedent is a principle or rule established in a previous legal case that is either binding on or persuasive for a court when deciding subsequent cases with similar issues or facts. It is the legal principle of determining points in litigation according to precedent. Statute: a written law passed by a legislative body. Common law tends to immediately pass as a statute. Louisiana is the only state that doesn"t use the common law legal system because its heritage goes back to france.
