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15 Cards in this Set
- Front
- Back
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COmmon Law
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"case" or "Judge Made" law. Came from England.
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Stare Decisis
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to hold the decision
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Law of Equity
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Emphasis on fairness not precedent
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Federal Preemption
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country over rules state
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Judicial Review
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power of the courts to declare invalid any law or official act of the other branches of government that is unconstitutional
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Trial courts
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where it begins, fact finding
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Intermidiate courts of appeal
(Appellate court) |
Law reviewing
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Courts of final appeal
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one per systemcan affirm or reverse and then remand
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Appellate
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person creatin court action
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Appellee
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person who won and is being appealed
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enabaling legislation
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gives powers to angencies to enforce the law
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supremacy clause
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establishes the Constitution, Federal Statutes, and U.S. treaties as "the supreme law of the land."
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writ of cerotiorari
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an appellate court issues to a lower court in order to review its judgment for legal error and review
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political speech
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most highly protected
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commercial speech
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mimited protection
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