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28 Cards in this Set
- Front
- Back
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what does minimum law consist of?
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enforceable rules governing relationships among and between individuals and their society
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what one thing do different laws have in common?
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duties, rights, privileges that are consistent with the values and traditions of that culture
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what is the black letter?
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knowing the law and knowing that people assume
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4 sources of American law
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consitutional, statuatory, adminstrative, case and common law doctrine
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constitutional Law
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found in text and cases arising from federal and state consitutions.
us consititution is the supreme law of the land. |
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statutory law
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laws enacted by federal and state legislatures; local ordinances; uniform laws.
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administrative law
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rulemaking-rules, orders and decisions of administrative agencies, federal, state and local
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case law and common law doctrine
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laws made by judges
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where is common law tradition from?
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early English courts of law
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stare decisis
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practice of deciding new cases based on precedent. a higher court's decision based on certain facts and law, is binding authority on lower courts.
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substantive law
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laws that define and regulate rights and duties ( what is the crime)
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procedural law
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laws that establish methods for enforcing and protecting rights( enforcement of laws)
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civil law
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private rights and duties between persons and government.
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criminal law
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public wrongs against society.
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national law
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laws of a particular nation
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international law
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body written and unwritten laws observed by nations when dealing with each other.
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jurisdiction
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the power to speak the law
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long arm statue
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jurisdiction over certain out of state defendants based on activities that took place in a state
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federal question
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any suit on the constitution, a treaty, or a federal law can originate in federal court
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venue
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location of the court
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three types of alternate dispute resolution
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negotiation, mediation, arbitration
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negotiation
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informal discussion of the parties, sometimes without attorneys, where differences are aired with the goal of coming to a meeting of the minds in resolving the cases.
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mediation
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mediator talks face to face with parties at different times to determine commongrounds
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arbitration
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settling of a dispute by a nutral 3rd party who renders a legally binding decsion, usually an expert or well respected government offical
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ethics
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the study of right and wrong behavior; wether an action is fair right of just
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what is fiduciary duty?
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obligation to act in the best interest of another person
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what is sarbones oxley act?
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requires companies to set up confidental systems so that employees and others may raise red flags about illegal or unethical accounting practices
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what are the four key standards?
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religious ethcial, kantian, rights principle, utilitarianism
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