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11 Cards in this Set
- Front
- Back
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A legal system is a system that interprets and enforces laws. Although common law is used in England and the US, civil law is the most widely used legal system in the world. The United States employs a ________, civil law (also known as code law) and common law (also known as case law).
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Dual Legal Systems
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The purpose of ________ is to provide people with a legal remedy to resolve non-criminal disputes in a court of law. Contract disputes, divorce, torts, and child custody disputes are all examples of cases that might be handled in a civil court.
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Civil Court System
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________ – Person who has allegedly been treated unfairly
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Plaintiff
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________ – Person who allegedly treated the other person unfairly
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Defendant
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________ which are the rules (Laws) that a society enforces, have been in existence since the first civilizations. In modern societies, a controlling body (government) creates and enforces laws that the citizens must obey. The more complex a society is the more complex the laws governing that society will become. For example, the USA has a more complex legal system than a small African society with a tribal legal system.
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Social Contracts
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Laws and legal systems were originally developed to enforce what people considered ________. There is a close relationship between what the citizens of a civilization deem as proper conduct and the laws governing that civilization.
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Society's Morals
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________ is the ethical view that an action should be judged by impact (not motive). This view can be summed up with the following statement: “The ends justify the means.” As long as the end consequences are good, than the action was also good.
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Consequentialism Theory
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________ is the best known consequentialism theory. This theory teaches that as long as an action provides the “most good for the most people,” the action is justified, whatever is “best for most” is good.
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Utilitarianism Theory
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A ________, which refers to the past decision of a judge in a legal case, is binding on future cases. Common law judges are bound by the earlier decisions of other judges. Stare Decisis (to stand by decided matters) requires judges make decisions that are consistent with past decisions.
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Legal Precedent
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_________ __________ _________ teaches that law is subject to human imperfections and mistakes. Two primary beliefs of theory are, 1 Judges must draw on extralegal considerations to resolve disputes and 2 The answer to the question: “What is the law?” is “Whatever the judges do.”
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Legal Realism Theory
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________ are well known for utilitarianism.
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Jeremy Bentham and John Stuart Mill
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