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48 Cards in this Set
- Front
- Back
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Habeas Corpus
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A court otder requiring the government to present a detained person to the court and to show legal grounds for the persons detention
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The framework of a society in which preestablished norms and procedures provide for consistent, neutral decision making is...
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Rule of Law
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Golden Mean
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Human interests are served and justice is achieved when a system of law applies equally and fairly to every individual, when people treat each other as they would like to be treated.
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Vague laws
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Laws that either fail to define their terms of use such general language that neither citizens nor judges know with certainty what the laws permit or punish.
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discretion
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the authority to determine the proper outcome
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Overbroad law
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Violates the principles of precision and specificity in legislation
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Case judgement that establishes binding authority and guiding principles for cases to follow on closely COMPARABLE questions of law within the courts jurisdiction is called the....
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Precedent
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Literally, "Stand by the previous decision." - closely related to Precedent in principle....
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Stare Decisis
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Facial challenges
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A broad legal claim based ont he argument that the challenged law or government policy can never operate in compliance with the Constitution.
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A libel suit brought by the resident of Oregon against a newspaper in Washington would be heard in a _______ court?
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Federal
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Habeas Corpus
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A court otder requiring the government to present a detained person to the court and to show legal grounds for the persons detention
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The framework of a society in which preestablished norms and procedures provide for consistent, neutral decision making is...
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Rule of Law
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Golden Mean
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Human interests are served and justice is achieved when a system of law applies equally and fairly to every individual, when people treat each other as they would like to be treated.
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Vague laws
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Laws that either fail to define their terms of use such general language that neither citizens nor judges know with certainty what the laws permit or punish.
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discretion
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the authority to determine the proper outcome
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Overbroad law
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Violates the principles of precision and specificity in legislation
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Case judgement that establishes binding authority and guiding principles for cases to follow on closely COMPARABLE questions of law within the courts jurisdiction is called the....
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Precedent
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Literally, "Stand by the previous decision." - closely related to Precedent in principle....
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Stare Decisis
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Facial challenges
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A broad legal claim based ont he argument that the challenged law or government policy can never operate in compliance with the Constitution.
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A libel suit brought by the resident of Oregon against a newspaper in Washington would be heard in a _______ court?
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Federal
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A plaintiff choosing a court in which to sue because he or she believes the court will rule in the plaintffs favor is called...
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Forum shopping
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Due Process
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Fair legal proceedings to ensure whether the proper law was applied and whether the judicial process was fair and appropriate
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De novo
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"Anew" or "over again" - courts may review the facts de novo rather than simply review the legal posture and process of the case
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Amicus brief
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A submission to the court from an amicus curiae or "friend of the court," an interested individual or organization who is not a party in the case.
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en banc
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Literally, "on the bench" but now meaning in "full court." The judges of a circuit court of appeals will sit en banc to decide important or controversial cases.
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Affirm
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To ratify, uphold or approve a lower-court ruling
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To send a case back to a lower court for further action...
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Remand
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Six Sources of Law
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Constitutional Law
Common Law Statutory Law Black Letter Law Equity Law Administrative Law |
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Constitutional Law
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The set of laws that establish the nature, functions and limits of government
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Magna Carta
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Established that the king did not have absolute power.
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Checkes and Balances (E,L,J)
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Executive - Appoints judges, signs bills into law
Legislative - Introduces and passes bills, confirms judges Judicial - determines constitutionality of laws passed by other two |
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Marbury v. Madison established the principle of _______ ______.
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Judicial Review
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Inner circle - -
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What is real - "things as they really are"
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Outer circle
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The ideal, things as we'd like them to be.
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True intellectual maturity is a function of how we deal with that gap and how we
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recognize it.
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Hafen's Three Levels
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"Erasing" the inner line
"Erasing" the outer line A healthy awareness of the gap of human limitations and of reality. |
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Another word for the gap
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Ambiguity
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Executive Branch does what
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Appoints judges, signs bills into law
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Legislative does what
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introduces and passes bills, confirms judges
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Judicial does what
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determines constitutionality of laws passed by the other two
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Options with Precedent
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Accept it, Overrule it, Modify it
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Law of equity
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To act fair and partial when the common law did not
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Statutory Law
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Deal with problems affecting society at large, all criminal laws are statutory, collected in code books.
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Constitutional Law
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Federal, State, City - amendments.
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Executive Order
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National "take your child to work day", designating national monuments.
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Administrative Rulings
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Decision by Federal Agency such as the FCC, EPA, or IRS.
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Limited Jurisdiction
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Federal Courts can only hear cases on topics which they are empowered to hear in the constitution
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State courts have _______ ____________ to hear any case.
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General Jurisdiction
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