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26 Cards in this Set

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Administrative law
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.
Amendment
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.
Chancery, court of
In medieval England, the court originally operated by the Chancellor.
Civil law
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.
Common law
Judge-made law, that is, the body of all decisions made by appellate courts over the years.
Constitution
The supreme law of a political entity. The United States Constitution is the highest law in the country.
Criminal law
Rules that permit a government to punish certain behavior by fine or imprisonment.
Equity
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.
Executive order
An order by a president or governor, having the full force of law.
Federalism
A form of national government in which power is shared between one central authority and numerous local authorit.
Founding Fathers
The authors of the United States Constitution, who participated in the Constitutional Convention in Philadelphia in 1787.
Injunction
A court order that a person either do or stop doing something.
Issue
All direct descendants such as children, grand-children, and so on.
Jurisprudence
The study of the purposes and philosophies of the law, as opposed to particular provisions of the law.
Legal realism
Enforcement of the law is more important than the law itself.
Natural law
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.*
Precedent
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.
Private law
Refers to the rights and duties between individuals that they themselves have created, for example, by entering into a contract or employment relation.
Procedural law
The rules establishing how the legal system itself is to operate in a particular kind of case.
Public law
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.
Sovereign Refers
to the recognized political power whom citizens obey. In the United States, the federal and all of the state governments are sovereigns.
Stare decisis
"Let the decision stand." A basic principle of the common law, it means that precedent is usually binding.
Statute
A law passed by a legislative body, such as Congress.
Substantive law
Rules that establish the rights of parties. For example, the prohibition against slander is substantive law, as opposed to procedural law.
Writ
An order from a government compelling someone to do a particular thing.
Law is what the sovereign says it is. Decisions stand regardless of morality
Legal Positivism