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31 Cards in this Set
- Front
- Back
Civil-law system
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A basic legal system that relies on scholarly interpretations of codes & constitutions rather than court interpretations of prior court decisions, as in common-law systems.
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Doctrine of stare decisis
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A method of case resolution in which courts follow earlier court decisions when the same issues arise again in law suits. "To stand by things decided."
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Equity
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Fairness, or a body of principles constituting what is fair & right.
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Criminal law
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A classification of law that applies to acts that society deems so harmful to public welfare that government is responsible for prosecuting and punishing the perpetrators.
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Civil law
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A classification of law that applies to legal matters not governed by criminal law and that protects rights & provides remedies for breaches of duties.
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Substantive law
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A classification of law that creates, defines, and regulates parties rights, duties, & powers.
*What is the law* |
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Procedural law
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A classification of law that prescribes the steps or processes for enforcing the rights and duties defined by substantive laws.
*How it applies* |
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Jurisdiction
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The power of a court to decide cases of a certain type or within a specific territory.
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Commerce Clause
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The provision of the U.S. constitution that gives Congress the power to regulate commerce (trade) w/ foreign nations & among the states (interstate commerce).
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Due Process Clause
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5th Ammendment of the U.S. Constitution guaranteeing notice and a hearing before the federal government can deprive any person of life, liberty, or property & the 14th ammendment extension of these same requirements to state government actions.
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Equal Protection Clause
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Part of the 14th Ammendment prohibiting state laws that discriminate unfairly or arbitrarily & requiring equal treatment to all persons under like circumstances & conditions.
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Guest statute
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A law requiring a passenger who has been injured in a vehicle accident and is seeking to recover damages to establish that the accident resulted from the driver's gross negligence.
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National Association of Insurance Commissioners (NAIC)
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An organization established to promote uniformity in regulation among states, exchange regulatory info & coordinate responses to changing conditions in the insurance market place.
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Original jurisdiction
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The power of a court in which cases are initiated to hear those cases.
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Appellate jurisdiction
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The power of a court to hear appeals from another court.
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General jurisdiction
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The power of a court to hear a variety of types of cases.
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Diversity jurisdiction
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The authority of a federal district courts to hear cases involving parties from different states that involve amounts in controvery over a legal minimum.
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Appellate court
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An appeals court at any level of government.
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Writ of certiorari
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An appelate court's order directing a lower court to deliver its record in a case for appellate review.
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Conflicts of law
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A body of law that resolves questions when states' laws conflict.
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Forum state
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The state in which a party sues.
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Administrative law
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The body of law, including agency rules, regulations & adjudicatory rulings, created by governement agencies.
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Allegation
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A claim that a party to a lawsuit asserts & expects to prove.
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Complaint
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Allegations made by the party starting a lawsuit.
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Plaintiff
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The party who starts a lawsuit by filing a complaint.
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Defendant
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The party in a law suit against whom a complaint is filed.
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Pleading
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A formal written statement of a party's claim filed w/ a court as part of a law suit.
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Cause of action
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A plaintiff's legal grounds to sue a defendant.
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Answer
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A document filed in court by a defendant responding to a plaintiff's complaint & explaining why the plaintiff should not win the case.
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Counterclaim
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A complaint filed by a defendant against a plaintiff in a lawsuit.
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Motion
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A party's formal request for a particular action from a court.
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