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13 Cards in this Set
- Front
- Back
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Law
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Enforcable rules governing relationships among individuals and between individuals and their society
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Jurisprudence
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Study of law
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Sources of american law
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US Constitution
Statutory Law Regulations Case law and common law doctrines |
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Secondary sources of law
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Books and articles that sumamrize and clarify primary sources of law
Examples: legal encycolpedias, treatises |
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UCC
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Uniform Commercial Code
Facilitates commerce among the states by providing a uniform yet flexible set of rules governing commericial transactions |
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Case Law
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The doctrines and principles announced in cases
Governs all areas not covered by stutotry or adminstrative(regulations) law |
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Equitable Maxims
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Propositions or general statements judges are guided by for equitable rules
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Stare decisis
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"to stand on deciding cases"
Doctrine saying judges are obligated to follow the precedents established within their jurisdictions Makes the courts more efficient, stable and predictable |
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Legal Reasoning
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reasoning process used by judges in deciding what law applies to a given dispute and then applying that law to the specific facts or circumstances of the case
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Basic Steps in Legal Reasoning
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1.)Key facts and issues?
2.)What rules apply to case? 3.) How rules apply to circumstance? 4.) What conclusion should be drawn? |
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Substantive Law
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consists of all laws that define, describe, regulate and create legal rights and obligations
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Procedural Law
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consists of all law that delineate the methods of enforcing the rights established by substantive law
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Civil Law
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Rights and duties that exist between persons and between persons and gov
Typically: private party sues another party |
