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18 Cards in this Set
- Front
- Back
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Right
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Legal capacity to require another person to perform or refrain from performing an act
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Duty
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Obligation of law imposed on a person to perform or refrain from performing a certain act
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Right of Privacy
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1. Right to be secure against unreasonable searches and seizures by the government
2. Protect individuals against intrusions by others Ex: OJ Simpson/Roe v. Wade |
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What is the base of governmental levels of law which provides the framework for business and personal rights and duties?
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Constitutional Law
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Constitutional Law
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Branch of law that is based on the consitution for a particular level of government
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Constitution
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Body of principles that establishes the structure of a government and the relationship of that government to the people who are governed
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Statutory Law
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Legislative acts that congress and state legislatures enact. State level-govern the creation of corporations, probate of wills, and the transfer of title to property
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Administrative Regulations
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Rules made by state and federal administrative agencies (Securities and Exchange Commission/National Labor Relations Board)
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Private Law
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Individuals and businesses create their own law.
Consists of the rules and regulations parties agree to as part of their contractual relationships Ex: Landlords |
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Case Law
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Principles that are expressed for the first time in court decisions
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Precedent
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A decision of a court that stands as the law for a particular problem in the future
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Stare Decisis
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"Let the decision stand"; the principle that the decision of a court should serve as a guide or precendent and control the decision of a similar case in the future
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Common Law
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Time honored rules of the community
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Substantive Law
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Creates, defines, and regulates rights and liabilities
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Procedural Law
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Specifies the steps that must be followed in enforcing rights and liabilities
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Equity
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The body of principles that orginally developed because of the inadequacy of the rules then applied by the common law courts of England
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Principles of Equity
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Special cases developed certain rules
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Specific Performance
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When some remedies require a court order for specific conduct
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