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56 Cards in this Set
- Front
- Back
Case titles |
Style or case number |
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Case citation |
Where the provisions statute ported case or article can be found when referring to a court decision |
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Plaintiff |
Indicates the lawsuit |
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Defendant |
Against whom the suit is brought |
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Co-defendant |
More than one defendant |
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Appellant |
The party asking for review during an appeal |
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Appelle |
The other party during an appeal |
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Justice |
When heard in a panel of three |
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Judge |
Held by one judge typically trial court |
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Opinions |
Contains brief procedural history of the case a summary of relevant facts courts reasons for decision the rules of the law that apply and the judgment |
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Unanimous opinion |
All judges agree on the opinion |
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Majority opinion |
When it is not unanimous |
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Plurality opinion |
The largest number of judges agree but is less than the majority |
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Concurring opinion |
Judge wants to strongly emphasize a point that was not made or emphasizing majority opinion |
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Dissenting opinion |
Not unanimous written by the judge does not agree with the majority |
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Adversarial system of justice |
Parties of a suit or opponents or adversaries in present the case in the light favorable to themselves |
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Constitutional law |
All made up of the text of a constitution and court decisions interpreting that text |
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Supremacy Clause |
Article 6 of the Constitution the supreme land of the law |
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Bill of Rights |
Ten amendments provided protection for individuals and sometimes businesses against government interference |
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The First Amendment |
Freedom of religion speech and press and the right to assemble peaceably and to petition the government |
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Second Amendment |
The right to keep and bear arms |
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The 3rd amendment |
Prohibits in peacetime the lodging of soldiers without the homeowners consent |
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The Fourth Amendment |
Prohibits unreasonable search and seizure of persons or property |
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The Fifth Amendment |
The right to indictment by grand jury and due process of law prohibits compulsory self inerimination and double jeopardy. Prohibits taking private property for public use without compensation |
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The 6th amendment |
Right to a speedy and public trial by impartial jury and the right to counsel the right to cross-examine witnesses against him or her and to solicit testimony from witnesses in his or her favor |
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The 7th amendment |
The right to trial by jury in civil case involving at least $20 |
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The 8th amendment |
Prohibits excessive bail and find as well as cruel punishment |
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The 9th amendment |
the rights in addition to those specified in the Constitution |
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The 10th amendment |
Establish those powers neither delegated to the federal government nor denied to the States are reserved for the states |
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Statutes |
laws enacted by legislative bodies at any level of government |
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Statutory law |
Body of written laws created by legislature |
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Federal statutes |
Laws enacted by US Congress |
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Federal system |
Government established by the Constitution the national government and the state government share sovereign power |
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Checks and balances |
No one branch of government can accumulate too much power |
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Conference committee |
The House and Senate pass similar but not identical bills also can be described as a compromise bill |
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Slip law |
Bill passed and signed into law by the president published in a pamphlet or single sheet |
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Public Law number |
A number assigned to a statue starting with pl |
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Session law |
After to congressional year terms the statues is published this is arranged by year or legislative session |
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United States Code |
We're all federal laws are codified |
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State statutes |
Laws enacted by state legislature |
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Concurrent power |
Shared by the federal and state government |
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Preemption |
When Congress chooses to act exclusively in concurrent areas |
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Bicameral |
Two chamber legislature |
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Unicameral |
One chamber legislature |
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Local ordinances |
An order rule or law passed by a city county or special district government to government things not covered by the federal or state law |
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Administrative law |
Rules orders and decisions of administrative agencies |
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Administrative agencies |
Federal state or local agencies establish perform a specific function |
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Enabling legislature |
Name composition purpose and power is specified of an agency being created |
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Adjudicate |
Resolve a dispute using a neutral decision maker |
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Administrative law judge |
Precise / agency hearings |
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National law |
Law of a particular nation |
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Civil law system |
grouping of legal principles enacted into law by legislature or a government body |
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International law |
Written and unwritten laws observed by independent nations and governs acts of individuals as well as government |
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Treaties |
Agreement between two or more nations that create rights and duties binding on the parties of the treaty |
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Bilateral agreement |
Two nations form an agreement that will govern relations with each other |
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Multilateral agreement |
Form by several nations |