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67 Cards in this Set

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Jurisprudence
Study of law and legal philosophy
Law
Rules and regulations that regulate people within a society
Rule of Law
Requires that laws be known in advance and must be created by a democratic process
7 Goals of a Legal System
1. Protect basic human rights
2. Promote fairness
3. Help resolve conflicts
4. Promote order and stability
5. Promote desirable social and economic behavior
6. Represent the will of the majority
7. Protect the rights of minorities
Values of Law
Moral (right and wrong)
Economic (wealth and property)
Political (government-individual relationship)
Social (relating to society)
Human Rights
Basic privileges that one has as a human being
Universal Declaration of Human Rights
Statement of basic human rights, including liberty, education, political and religious freedom, and economic well-being
Cultural Rights
Rights that exist in certain cultures
Radical Individualism
The result of the US's emphasis on human rights, losing a sense of community by focusing on individual rights
Criminal Law
Branch of law dealing with crime and punishment
Civil Law
All law that does not involve criminal law, usually dealing with private rights
Civil Action
Noncriminal lawsuit, brought to enforce a right or redress a wrong
Defendant
Person against whom a claim is is made (the person being sued in a civil case, the person being charged with crime in a criminal case)
Plaintiff
In a civil case, the injured party who brings legal action
Limited Government
A government has only the powers given to it by the people
Separation of Powers
Division of power among the branches of govenment (if you don't know this by now...)
Legislative Branch
Branch that passes laws, the House and the Senate
Judicial Branch
Branch that interprets law and resolves legal questions
Executive Branch
Administrative branch, the president, agencies
Checks and Balances
Power of each branch to limit the other brances so as to prevent an abuse of power
Judicial Review
Process by which courts decide whether laws passed by Congress or state legislatures are constitutional
Bill of Rights
First 10 amendments to the Constitution, which guarantee basic individual rights
Senate
100 members, 2 from each state
House of Representatives
400-some members, representation based on population
Federal Statutes
Deal with national issues, like defense, labor relations, civil rights, taxes, economy
States Rights
States can pass their own laws, but are not allowed to coin money or declare war or make treaties with other countries
Bill
Draft of a proposed law being considered by a legislaturel
Legislative Intent
What the lawmakers meant, in a case where a law is unclear
Regulatory Agency
Organizations authorized by the government to make laws more specific, such as

OSHA (Occupational Safety and Health Administration)
EPA (Environmental Protection Agency)
FDA (Food and Drug Administration)
FCC (Federal Communications Commission)
Public Hearings
Public proceedings in which people can present their opinions about a bill
Treaty
Agreement between nations
Advocacy
Active support or argument for a cause
Lobbying
Influencing or persuading legislators to act or vote a certain way
Lobbyist
Someone who lobbies
Grassroots
Lobbying group that arose from the general public
Initiative
Voters can propose a law and submit it to the legislature for approval
Referendum
Issues are voted on directly by the citizens instead of government representatives
Recall
Removal of an elected official office by a vote of the people
Voting
You're kidding

You must be 18, a citizen, a resident of your community, and a registered voter
Suffrage
The right to vote (do you have any idea how many papers I've written on this...)
Campaign Finance Reform
We Fight Corruption And Money Issues In Elections wh00t
Negotiation
Discussing an issue to reach a settlement or agreement
Settlement
...an agreement
Conflict
A disagreement between people or parties, and should I be pulling out my old social justice notes? Isn't this the thing that had the spiral - no, wait, that was violence
Steps in Settling a Dispute
Prepare for negotiation: identify the issue, separate demands from interests, consider both perspectives, come up with solutions

Negotiation: listening, working together, understanding, asking questions, create more solutions, reach an agreement

Post-negotiation: agree on things, be willing to return to the problem if things don't workout
Arbitration
An impartial person settles the argument without anyone going to court, the decision is usually binding
Mediation
Resolving a conflict with a neutral third party who has no official authority
Ombudspersons
Person who has the power to investigate reported complaints and help achieve fair settlements
Trial Courts
Courts that listen to testimony, consider evidence, and decide the facts in a disputed situation
Parties
Peopke directly involved in any legal matter
Plaintiff
The injured party in a conflict
Prosecutor
State or feeral government's attorney in a criminal case
Defendant
Person against whom a claim has been made
Adversarial System
Opposing parties present theirlegal conflicts before a judge and jury
Inquisitional System
The judge actively asks questions and presents evidence
Appeals Court
Court in which appeals from trial-court decisions are heard
Error of Law
Mistake made by the judge in legal proceedings or rulings that may allow a case to be appealed
Precedent
Court decision on legal questions that guide future cases with similar questions
Dissenting Opinion
Judges disagree and why
Concurring Opinion
Judges agree and why (for a different reason than the majority)
What Do State Courts Do?
Deal with specific things: family, traffic, criminal, small claims, divorce, custody, juveniles

States have appeals courts and a state supreme court, which has the final say in state law interpretation
What Do Federal Courts Do?
Courts of appeals handle appeals from district trial courts

The US Court of Appeals has jurisdiction by subject matter, not geography

The Federal Claims Court hears claims for big money damages

And also there are the US Patent and Trademark Office, the US Tax Coourt and Court of Veterans Appeals
What Do Tribal Courts Do?
Native American justice systems have jurisdiction over reservations, their authority can be delegated by the federal government
Inherent Powers
Tribal powers that are automatically granted, including family relationships, reservation membership and reservation law
Delegated Powers
Powers given to the reservation by the federal government
How Are Supreme Court Justices Chosen?
Presential appointment
What Do International Courts Do?
Settle disputes based on international law