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38 Cards in this Set
- Front
- Back
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Law
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Enforceable rules governing relationships among individuals and between individuals and their society.
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Natural Law
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moral and ethical principles believed to be inherent in human nature and natural intelligence.
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Legal Positivism
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There is no higher law than a nation's positive law. The law is the law and must be obeyed.
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Historical School
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Looks at the past to discover what the contemporary law should be.
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Legal Realism
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judges are influenced by their own beliefs, each case should be tempered by the specific circumstances.
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Constitutional Law
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US constitution distributes among the branches of Government. Supreme law of the land.
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Statutory Law
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Statutes and ordinances are enacted by congress and by state and local legislation
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Administrative Law
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Rules and regulations issued by administrative agencies. derive power from legislative and executive branches.
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Agency Creation
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Congress passes enabling legislation to setup an agency.
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Rulemaking
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Publication of the proposed rule in the federal register, public comments are received.
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Investigation and Enforcement
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Agencies compel individuals to hand over specified materials to be reviewed. A final decision is placed in the federal register.
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Adjudication
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If rules are in violation, an agency may order a hearing.
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Administrative Law consists of.....
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1. Agency Creation
2. Rulemaking 3. Investigation and Enforcement 4. Adjudication |
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Case and Common Law Doctrines
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Case Law: governs all areas not covered by statutes.
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Common Law
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Application of principles applied in earlier cases with similar facts.
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Stare Decisis
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Precedent in a common law situation from previous cases.keeps the law predictable.
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Equitable Remedies
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Grant an equitable remedy only when the remedy at law is inadequate.
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Remedies at Law
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Awards of items of value.
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Remedies in Equity
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Decrees of specific performance, injunctions, and recission.
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Classifications of Law
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1. Civil and Criminal
2. National and International |
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Civil Law
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Regulates relationships between individuals, and between their governments.
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Criminal Law
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Regulates relationships between individuals and society and prescribes punishment for violations.
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National Law
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Law of a particular Nation
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International Law
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Written and unwritten laws that other nations observe.
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Appellants
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(Petitioner) appeals a previous case to another court
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Appellees
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(Respondent) Party against whom the appeal is taken
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Constructive Notice
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Need to know every single law that reflect on our lifestyles.
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Jurous Prudence
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Study of the Law
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Equity
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quality of being fair & legal (not seeking compensation)
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Case @ LAw
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Seeking monetary Compensation
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Criminal law
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occurs when an individual offends society.
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Burden of Proof
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Beyond all reasonable doubt
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Sanction
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Restrictions
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preponderance of evidence
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2/3 of a jury has to agree you are right.
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supreme law
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the constitution
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binding authority
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any decision made in a higher court trickles down to the lower courts in a given state.
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departure from precedent
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overturned laws that were deemed unconstitutional.
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lone dissent
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reason to depart from the precedent.
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