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52 Cards in this Set
- Front
- Back
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folkways
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unplanned social rules enforced by informal controls such as ridicule and ostracism
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mores
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social rules with imperative to comply
(violations create sense of moral indignation |
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customary laws
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rules enforced by specific sanctions imposed by community (incest)
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enacted law
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rules set for by officials
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norms
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regularly enforced by coercion by authorized personnel or applied by court of law
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natural law
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morality in law is inherent
1. refers to higher law 2. limit of political power 3. exists with or without enactment of authority of government |
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rational law
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prompt and predictable law that is necessary for advanced trade nations
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law
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order (for without order there is chaos)
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log
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lay down/determine
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lag
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team/binding people together
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4 components of law
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norms
regularly enforced by coercion by persons authorized by society as applied by courts of law |
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positive law
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human enactments resulting from popular consent of individuals who form themselves into a sovereign people
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rational law
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application of general norms to specific cases
calculable legal system based on precedence |
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irrational law
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influenced by concrete facts
case-by-case basis ex) Qadi justice |
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res judicata
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final conclusive judgement
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stare decisis
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precedental value
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American law is...
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hybrid between common and case law
ADVERSARIAL (attorney based) |
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tensions (in law)
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situations in which the court must balance or elevate on value over another in cases affecting multiple values
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equity courts
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fairness emphasized over monetary damages (more flexible but also more arbitrary)
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civil law systems
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(France and German)
code law function of judge is to apply case without discretion |
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inquisitorial system
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judges perform roles that attorneys play in adversarial systems (truth is the value), court is actively involved in determining facts in a case "investigative body", continuous investigation
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substantive
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defines crimes by degrees/penalities
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procedural
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how to enforce laws and steps through adjusication
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divisions of justice
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criminal and civil
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divisions of statutory law
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criminal and civil
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judicial interpretation
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law is constantly being reinterpreted
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vertical stare decisis
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follow highest court precedence
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horizontal stare decisis
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state to state precedence
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jury nullification
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jury throws out judges decision
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holding
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precise answer to the precise question posed by the case
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obiter dicta
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judge's ramblings (no operational definition)
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precedent
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predictability, reliability, equality, efficiency
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Mann Act
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illegal to transport women across state lines for indecent purposes
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case method
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based on appellate decision, forces one to dissect decision
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American Bar Association (ABA)
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watchdog to American legal practice standards, ranks supreme court justices, studies issues and recommends reforms, accredits law schools
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socratic method
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interactive teaching method (think like a lawyer)
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Stratum I law school
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highest perception
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stratum II law school
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national law school
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stratum III law school
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regional law school
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stratum IV law school
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local law school
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legal formalism
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equal in front of law
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legal realism
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$, class, gender etc play key role
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finding law
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supposed neutrality of discovering written law--already existing
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making law
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twisting words to fit case
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diploma privilege
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admitting to bar without exam because of attendance to particular school
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topics covered by bar exam
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day 1: contract, criminal, property, tort
day 2: state law, professional responsibility |
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integrated bar
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one must stay an active member of bar after exam to uphold license
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stratum I law firm
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national law firm (corporate firms)
emphasis on role of partners |
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stratum II law firm
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corporate counsel firm/select government attorneys
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stratum III law rim
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solo firms, corporations, government attorneys
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cravaths system
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bringing in fresh meat to train from the bottom up with hopes of weeding out the week and partnering the strong
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rainmakers
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bring in the big clients (connections)
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