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59 Cards in this Set
- Front
- Back
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Natural Law
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Government is the servant of the people. Moral and ethical principles are inherent in human nature.
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Legal Positivism
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No law higher than a nation's written law
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Historical School
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This school looks to the past to discover what the principles should be.
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Legal Realism
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Judges take social realities into account. "empathy" comes into play
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stare decisis
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judges make law by interpreting law
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Judicial Review
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the judicial branch decides if laws made by the other two branches are constitutional
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presenting a view that opposes the majority
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dissenting view
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proper place to hold a trial
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venue
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standing
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party must have a "dog in the fight"
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b/w 2 parties, inexpensive
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Negotiation
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b/w 2 parties and a mediator, small fee
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Mediation
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b/w 2 parties and a 3rd. the 3rd has power to rule on the matter
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arbitration
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categorical imperative
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everyone should decide their actions in light of the consequences that would arise if everyone acted the same way
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utilitarianism
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producing the greatest amount of good for the greatest amount of people
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actus rea
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prohibited act
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mens rea
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intent
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malum in se
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wrongful in and of themselves
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malum in prohibitum
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wrong because it is prohibited
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procedural due process
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decisions and procedures must be fair
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substantive due process
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legislation content must be fair
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civil
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beyond a preponderance of the evidence
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criminal
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beyond a reasonable doubt
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felony
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imprisonment of a year and a day or longer
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Article 1
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legislative branch is outlined
they write the laws |
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Article 3
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judicial branch is outlines
they interpret the laws |
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Article 2
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executive branch is outlined
they enforce the laws |
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mitigation
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innocent party must take steps to minimize loss
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liquidation
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set damages before K breach occurs
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assault
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intentional act that makes another think they are in way of a harmful act
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battery
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completion of the harmful act
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compensatory damages
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cover direct losses
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consequential damages
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covers indirect losses
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Res Ipse Loquitur
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would not have occurred but for negligence
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negligence per se
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occurs if an individual violates a statute; i.e. speeding
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negligence
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ABCD - a duty, breach, causes, damages
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defamation
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true statement that wrongs a reputation
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CH 13
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personal - repayment plan
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CH 11
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business - reorganization
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CH 7
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business or personal
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Respondiat Superior
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The corporation is liable for criminal acts but is only fined. Officers may go to prison.
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eminent domain
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take land for public use
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tenancy in common
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owns divided portion of property
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joint tenancy
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owns undivided portion of whole property; dead tenants interest goes to other tenant
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fee simple
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exclusive rights of possession
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anticipatory repudiation
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action by a party indicating that they will not perform an obligation set out by a K
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Norris- LaGuardia Act
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protects peaceful strikes
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Wagner Act
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forms unions, collective bargaining, can strike, created NLRB
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Labor-Management Relations - Taft/Hartley
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Allows president to intervene, prohibits "closed shop" prohibits certain union practices
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Amendment 1
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relegion, speech, petition, assembly, press
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Amendment 2
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right to bear arms
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Amendment 3
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quartering troops
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Amendment 4
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search and seizures
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Amendment 5
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indictment by grand jury, due process of law, fair payment when property is taken, double jeopardy, self incrimination
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Amendment 6
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speedy and public trial
cross-examine witnesses |
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Amendment 7
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trial by jury
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Amendment 8
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cruel and unusual punishment
excessive bail fines |
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Amendment 9
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rights in the constitution are not limited
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Amendment 10
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powers not designated to federal or state gov reside with state gov
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Land, 1 year of formation, collateral contracts, marriage, sale of goods $500
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statute of frauds
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