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31 Cards in this Set
- Front
- Back
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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 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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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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Civil Law
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The laws dealing with the rights and duties of individuals`
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Private Law
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The law involving relationships among 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 a 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 initiaties a civil suit
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Prosecute
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to bring a criminal perceeding
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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 desicions
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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 derived from Roman law and based upon comprehensive legislative enactments
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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 perform a contractual duty
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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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Rescission
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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 a governor
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Admin Law
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law dealing with the establishment, duties, and powers of agencies in the executive branch of government
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Appellant
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party who appeals
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