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27 Cards in this Set

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  • Back
Intrastate Commerce vs. Interstate Commerce
Intra- commerce within a single state
Inter- commerce between multiple states
Statutes
laws enacted by state or federal legislatures
UCC (Uniform Commercial Code)
a uniform law enacted in part by all fifty states to create certainty in the area of commercial contracts and to make the law consistent with common business practices
What is law in the U.S. modeled after?
English common law
Stare decisis
to stand on decided cases; the practice of deciding new cases by considering former decisions
Criminal law
law related to wrongs committed against the public, punishable by fines, imprisonment, or both
Crime
punishable offense against society
Equitable solution
a fair solution
Tort
a private or civil wrong for which the law grants a remedy
Constitution
a document that sets forth the framework of a government and its relationship to the people it governs
Stages/development of the legal system
1. Individuals take revenge for the wrongs done to them.
2. Awards of money or goods are substituted for revenge.
3. Court systems are formed.
4. A central authority figure intervenes to prevent and punish wrongs.
Common law vs. Positive law
-Common law is law based on the current standards or customs of the people
-Positive law is law based on the dictates of a central political authority
Criminal law va. Civil law
-Criminal law is law related to wrongs committed against the public, punishable by fines, imprisonment, or both
-Civil law is law related to the duties that exist generally between persons or between persons and the government, except the duty not to commit crimes
Ordinance
legislation enacted by a town, city, or county board or commission
Precedent
court decisions become precedent for later cases
How many Constitutions do we have?
51
Case law
rules of law announced in the court decisions
Procedural law
legal rules for processing civil and criminal cases through the court system
Substantive law
law that defines duties, establishes rights, and prohibits wrongs
Laws
enforceable rules of conduct in society
Why is precedent important?
-Makes our legal system and courts more efficient; serves as a guideline rather than starting from scratch
-Gives stability to our legal systems
-Keeps personal biases from entering into judges' decisions
When is precedent overturned?
-When reasoning used in previous court decisions in no longer valid
-Changes in society and technology
Inquisitorial system
a legal system that allows judges to investigate, question witnesses, and seek out evidence (Germany, Argentina, France, etc.)
Examples of Criminal Law
-Murder
-Theft
-Speeding
Examples of Civil Law
-Breach of contract
-Fight resulting in personal injury
-Personal injury resulting from an accident
Statute of limitations
a statute that requires anyone from claiming a legal right against another to begin proceedings to enforce the right
Why do we have statute of limitations?
-fairness
-memory- witnesses can't recall
-procedural issues are argued by the attorney before a judge because they are questions of law
-can cause a winning case to lose