Philosophy of Law: Midterm 1

The part of a decision that is binding.The part that is binding is the reason for the decision.

Everything in a decision that is not binding. Things said "by the way."

A law is one rule.The law is the entire body of state-enforced or legal rules.

Often described as judge-made law, because it is a set of principles that judges, over time, have been developed collectively, when they have decided particular cases.

Latin term meaning the decision stands. The system developed from common law and case precedent. The rule of law from a similar case is binding on the later judge.

Statute law is enforced by the government. Statute law and common law are interpreted and applied by the courts.

The decision of the court that determines the outcome of the case.

Judges concur, or agree, with the result. But, they may add their own reasoning as to how they came to the same conclusion.

Disagrees with both the reasons and outcome of the majority decision. The dissent does not determine the outcome.

The private law of actionable wrongs.
Tort law requires fault in order to impose liability

Recognized at law as something you can sue for.

Criminal case: standard of proof has to prove its case beyond a reasonable doubt. Civil case: Plaintiff only has to prove its case on the standard called the balance of probabilities (51%).

In itself, or intrinsically

Are "actionable per se."Examples: Trespass, slander, assault, battery, unlawful confinement, conversion, etc. Purposeful intentional act; inherently wrong (whether anyone is harmed or not).

The fault or wrongfulness of conduct is based not on what defender knew, but what he ought to have known. Not actionable per so, harm/injury is a necessary element.