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10 Cards in this Set
- Front
- Back
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Judicial Restraint |
An accepted, customary policy of courts to restrict themselves to consideration of the questions presented to them and to restrain from legislating or interfering unduly with the executive or legislative branches. The principle also refers to the customary restraint federal courts exercise to leave questions of state law to state courts |
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Supremacy Clause |
Article VI of the U.S. Constitution which provides: "This Constitution and the laws of the U.S. which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the U.S., shall be supreme law of the land, and judges in every state shall be bound thereby, any thing in the Constitution or laws of any State to the contrary notwithstanding |
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Judicial Review |
Review by an appellate court of a determination by a lower court; also the power of the federal courts to declare acts contrary to the Constitution null and void |
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Jurisdiction |
The power of a court to decide a case |
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Common law tradition |
In the first century after the Norman Conquest, the Normans established a legal regime for the entire kingdom of England, with laws common to all inhabitants of the realm. Under that system, three common law courts were established (King's bench, common pleas, exchequer). The decisions of these courts and especially the decisions of the appeals of these courts became binding precedents on lower courts under a doctrine called stare decisis |
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Common law tradition |
In the first century after the Norman Conquest, the Normans established a legal regime for the entire kingdom of England, with laws common to all inhabitants of the realm. Under that system, three common law courts were established (King's bench, common pleas, exchequer). The decisions of these courts and especially the decisions of the appeals of these courts became binding precedents on lower courts under a doctrine called stare decisis |
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Common law |
Judge-made law |
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Product Liability |
A branch of tort law that assigns liability to a manufacturer when an injury occurs due to a "dangerously defective product." It dispenses with traditional requirements of proving fault, as in intentional torts and negligence. |
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Product Liability |
A branch of tort law that assigns liability to a manufacturer when an injury occurs due to a "dangerously defective product." It dispenses with traditional requirements of proving fault, as in intentional torts and negligence. |
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Privity of contract |
The relationship between two parties to a contract. Originally this was a bar to a suit brought by a consumer against a manufacturer when the consumer bought through a dealer rather than directly from the manufacturer. Modern product liability law does away with this impediment |
