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34 Cards in this Set
- Front
- Back
Definition of Law
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"a rule of civil conduct prescribed by the supreme power in a state, commanding what is right, and prohibiting what is wrong" (Blackstone)
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Functions of Law
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To maintain stability in the social, political, and economic system through dispute resolution, protection of property, and the preservation of the state while simultaneously permitting ordered change
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Laws and Morals
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Different but overlapping: law provides sanctions while morals do not
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Law and Justice
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Separate and distinct concepts; justice is the fair, equitable, and impartial treatment of competing interest with due regard for the common good
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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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Legal obligation requiring a person to perform or refrain from performing an act
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Substantive Law
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The basic law creating rights and duties
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Procedural Law
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Rules for enforcing substantive law
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Public Law
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The law dealing with the relationship between government and individuals
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Private Law
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The law involving relationships among individuals and legal entities
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Civil Law
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The law dealing with the rights and duties of individuals and legal entities
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Criminal Law
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The law that involves offenses against the entire community
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Sue
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To begin a lawsuit in court
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Defendant
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The person against whom a legal action is brought
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Plaintiff
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The person who initiates a civil suit
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Prosecute
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To bring a criminal proceeding
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Constitution
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Fundamental law of a government establishing its powers and limitations
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Judicial Review
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Authority of the courts to determine the constitutionality of legislative and executive acts
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Common Law System
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Body of law originating in England and derived from judicial decisions
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Adversary System
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System in which opposing parties initiate and present their cases
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Civil Law System
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Body of law dirived from Roman law and based upon comprehensive legislative enactments
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Inquisitorial System
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System in which the judiciary initiates, conducts, and decides cases
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Stare Decisis
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Principle that courts should apply rules decided in prior cases in deciding substantially similar cases
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Equity
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Body of law based upon principles distinct from common law and providing remedies not available at law
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Decree
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Decision of a court of equity
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Specific Performance
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Decree ordering a party to perform a contractual duty
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Injunction
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Decree ordering a party to do or refrain from doing a specified act
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Reformation
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Equitable remedy rewriting a contract to conform with the original intent of the contracting parties
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Recission
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An equitable remedy invalidating a contract
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Maxim
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A general legal principle
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Treaty
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An agreement between or among independent nations
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Executive Order
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Legislation issued by the president or governor
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Administrative Law
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Law dealing with the establishment, duties, and powers or agencies in the executive branch of government
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Appellant
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Party who appeals
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