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26 Cards in this Set
- Front
- Back
Administrative law
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Concerns all agencies, boards, commissions, and other entities created by a federal or state legislature and charged with investigating, regulating, and adjudicating a particular industry or issue.
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Amendment
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Any addition to a legal document. The constitutional amendments, the first ten of which are known collectively as the Bill of Rights, secure numerous liberties and protections directly for the people.
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Chancery, court of
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In medieval England, the court originally operated by the Chancellor.
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Civil law
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The large body of law concerning the rights and duties between parties. It is distinguished from criminal law, which concerns behavior outlawed by a government.
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Common law
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Judge-made law, that is, the body of all decisions made by appellate courts over the years.
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Constitution
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The supreme law of a political entity. The United States Constitution is the highest law in the country.
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Criminal law
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Rules that permit a government to punish certain behavior by fine or imprisonment.
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Equity
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The broad powers of a court to fashion a remedy where justice demands it and no common law remedy exists. An injunction is an example of an equitable remedy.
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Executive order
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An order by a president or governor, having the full force of law.
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Federalism
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A form of national government in which power is shared between one central authority and numerous local authorit.
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Founding Fathers
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The authors of the United States Constitution, who participated in the Constitutional Convention in Philadelphia in 1787.
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Injunction
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A court order that a person either do or stop doing something.
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Issue
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All direct descendants such as children, grand-children, and so on.
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Jurisprudence
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The study of the purposes and philosophies of the law, as opposed to particular provisions of the law.
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Legal realism
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Enforcement of the law is more important than the law itself.
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Natural law
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The theory that an unjust law is no law at all and that a rule is only legitimate if based on an immutable morality. *Laws must have a good moral basis.*
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Precedent
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An earlier case that decided the same legal issue as that presently in dispute, and which therefore will control the outcome of the current case.
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Private law
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Refers to the rights and duties between individuals that they themselves have created, for example, by entering into a contract or employment relation.
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Procedural law
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The rules establishing how the legal system itself is to operate in a particular kind of case.
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Public law
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refers to the rights and obligations of governments as they deal with the nation's citizens, for example, by taxing individuals, zoning neighborhoods, and regulating advertisements.
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Sovereign Refers
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to the recognized political power whom citizens obey. In the United States, the federal and all of the state governments are sovereigns.
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Stare decisis
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"Let the decision stand." A basic principle of the common law, it means that precedent is usually binding.
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Statute
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A law passed by a legislative body, such as Congress.
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Substantive law
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Rules that establish the rights of parties. For example, the prohibition against slander is substantive law, as opposed to procedural law.
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Writ
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An order from a government compelling someone to do a particular thing.
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Law is what the sovereign says it is. Decisions stand regardless of morality
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Legal Positivism
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