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19 Cards in this Set
- Front
- Back
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Laws
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Rules of conduct promulgated and enforced by the government.
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Constitutional law
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A body of principles and rules that are either explicitly stated in, or inferred from, the United States and those of the individual states.
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Separation of powers
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The division of governmental power among the legislative, executive, and judicial branches
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Checks and balances
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Division among governmental branches so that each branch acts as a check on the power of the other two, thereby maintaining a balance of power among the three branches.
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Federalism
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A system of government in which the authority to govern is split between a single, nationwide central government and several regional governments that control specific geographical areas
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Bill of Rights
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The first ten amendments to the U.S. Constitution
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Power of judicial review
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A court's power to review statutes to decided if they conform to the federal or state constitution.
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Statute
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A law enacted by a state legislature or by Congress.
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Administrative law
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Rules and regulations created by administrative agencies.
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Regulation
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A law promulgated by an administrative agency.
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Enabling act
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A statute establishing and setting out the powers of an administrative agency.
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Fourth branch of government
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Administrative agencies
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Common Law
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Law created by the courts
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Stare decisis
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The doctrine stating that normally once a court has decided one way on a particular issue, it and other courts in the same jurisdiction will decide the same way on that issue in future cases given similar facts unless they can be convinced of the need for change.
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Codification of the common law
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The process of legislative enactment of areas of the law previously governed solely by the common law.
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Derogation of the common law
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Used to describe legislation that changes the common law.
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Equity
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Fairness; a court's power to do justice. Equity powers allow judges to take action when otherwise the law would limit their decisions to monetary awards. Equity powers include a judge's ability to issue an injunction and to order specific performance.
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Injunction
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A court order requiring a party to perform a specific act or to cease doing a specific act.
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Specific performance
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A requirement that a party fulfill his or her contractual obligations.
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