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15 Cards in this Set
- Front
- Back
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Nation states
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Basic entities that compromise the international legal system. Ex, United States
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Jurisprudence
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The philosophy of law
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Legal positivism
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A jurisprudence that emphasizes law that transcends positive laws (human laws) and points to a set of principles that are universal in application.
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Sovereign
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The authority with in any nation state...the power to make and enforce laws with the nation state
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Statutes
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Legislative directives, having the form of general rules that are followed in the nation state or it's subdivisions. Statutes are controlling over judicial decisions or common law but are inferior to and controlled by constitutional law
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Natural law theorists
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Emphasize the rights and duties of both government and the governed
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Positive law
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Takes as a given that law is simply the command of a sovereign, the political power that those governed will obey
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Civil law
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In contrast to criminal law, the law governs non criminal disputes such as in law suits (as opposed to prosecutions) over contract disputes and tort claims. In contrast to common law, civil law is part of the continental European tradition dating back to roman law.
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Criminal law
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That body of law in any nation state that defines offenses against society as a whole, punishable by fines, forfeitures, or imprisonment
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Precedent
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A prior judicial decision that is either binding or persuasive and as such provides a rule useful in making a decision in the case at hand
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Stare decisis
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Latin for "let the decision stand" by keeping within the rule of a prior judicial decision, a court follows "precedent" by letting the prior decision govern the result in the case at hand
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Causes of action
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In a complaint, a legal basis on which a case is predicated. The legal basis can be a constitutional law, a statute or a regulation or a prior judicial decision that creates a precedent to be followed.
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Common law
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Judicial decisions that do not involve interpretation of statutes, regulations, treaties, or the Constitution
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Constitutions
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The founding documents of any nation states legal system
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Treaties
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Formal agreements concluded between nation states
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