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24 Cards in this Set
- Front
- Back
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Substantive Law
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Sets out the rights and duties governing people as they act in society
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Procedural Law
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rules under which the substantive rules of law are enforced
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Criminal Law
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breaches of duty to society at large
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Civil Law
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private duties owed by one person to another are established
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Checks and Balances
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between the powers of the states and those of the federal government
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Commerce Clause
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permits congress to regulate interstate and forign commerce
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Due process
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a constitutional right that is either procedural or substantive
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Federalism
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the US is composed of 51 different legal systems
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Ordinance
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a legislative enactment of country or an incorporated city or town
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Common Law
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courts called upon to resolve disputes for which there is no staute or other sources of law establishing a rule. (court created law)
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Judical Review
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judge may render a legal rule unenforceable by declaring it in conflict with a consistitution
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Legal reasoning
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useful tool for understanding and persuading
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Legal interpretation
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courts determine law through a process: plain meaning, legislative history, purpose, and public policy
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Ex post facto laws
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new statute applies only to actions taken after it becomes effective
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Overrule
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highest aaples court in jurisdiction can
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Distinguish
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finding differences in facts between the current case and the precedent cases
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Legal Positivism
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harsh results by refusing to recognize equitable exceptions, it provides great sense of predictability to the enforcement of legal rules
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Natural law
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thinks recognize a higher set of rules that override the legitmacy of laws promulgated by political institutions
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Sociological jurisprudence
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each case and legal decision is viewed as a piece of a much bigger and more important puzzle
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Legal realism
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focuses on law in action, stresses that law must be considered in light of its day to day application
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Adversary systerm
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premised on the notion that the ultimate truth and, consequently, justice will prevail if party to legal dispute is represented by competend legal counsel
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Attorney-client privilege
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prevents an attorney from divulging confidential information communicated to the lawyer by a client
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Malpractice
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lawyers not responsible for if client loses
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Preventive law
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to arrange business plans and methods to increase profits
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