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25 Cards in this Set

  • Front
  • Back
subject matter jurisdiction
courts power to decide the type of dispute involved in the case
court's power to hear a case and to issue a decision binding on the parties
Procedural law
controls the behavior of government bodies (mainly courts) as they establish and enforce rules of substantive law
in rem jurisdiction
court determines rights in property even if the persons whose rights ar affected are outside the state's in personam jurisdiction
courts of limited jusrisdiction (inferior or special jusrisdiction)
Justice of peace courts, traffic courts, probate courts, and small claims courts
Natural Law
all commands of recognized political authorities that are no unjust
-"unjust law is not law"
Unjust positive laws should not be enforced and obeyed
American Legal Realism
What public decisionmakers actuallly do
"Law in action" often more important tha "law in the books"
Sociological Jurispurdence
process of social ordering in accordance with dominant social values and interests
-"although moral values influence positive law, no way to say whether this is right or wrong"
-Law inevitable does (and should?) follow dominant social values and interests
civil law
mainly concerns obligations that private parties owe to other private parties
enactments of municipalities
(ex. zoning ordinances)
stare decisis
let the decsion stand
used in common law
made by the president with foreign governments and approved by two-thirds of the U.S. Senate. (invalidate inconsistent state and sometimes federal laws)
Executive orders
made by President or State Governor and normally results from a legislative delegation
Laws created by Congress or a state legislature
Common Law
(Judge made law/ case law)
law made and applied by judges as they decide cases not governed by statutes or other types of law
private law
establishes a frame work of legal rules that enables private parties to set the rights and duties they owe each other. (contract, property, and agency)
in personam jurisdiction
based on the residence, location or activities of the defendant (must be in state)
Criminal law
law under which the government prosecutes someone for committing a crime
legal philosophy (general description of law)
Administrative regulations
like statutes, but enacting party is and agency rather than legislature
provide what common law can't
injunction,specific performance, reformation, rescission (now in common law courts)
Legal positivism
command of a recognized political authority
-"law is law, just or not"
-Valid positive law should be enforced and obeyed, just or not
Substantive Law
sets the rights and duties of people as they act in society
public law
concerns the powers of government and the relations between government and private parties
1.Set up the structure of government for the political unit they control
2. Prevent other units of government from taking certain action or passing certain laws