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41 Cards in this Set

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Common Law
Originated in Medieval England and adopted by US in American Revolution. It is judge made law that reflects the customs and usages of the people. Can also refer to the law that comes from the common courts as opposed to a legislature or court of equity. Also known as unwritten law.
Stare Decisis
Latin: "to stand by decided cases". Law that requires inferior courts to follow and apply decisions and interpretations of higher courts when similar cases arise. Also called doctrine of precedence.
Substantive law
general principles and detailed rules that define legal rights and duties.
Procedural law
general principles and detailed rules that define the methods of administering substantive law
Natural Law
The higher law believed by some ethicists to be above and beyond man's power to change.
Judicial Review (Marbury v. Madison)
The power of the U.S. Supreme court to declare unconstitutional an act of congress, a presidential order, or a state law.
Seperation of Powers: Federal and State Governments
The constitutional doctrine dividing and confining certain powers of the U.S. government into the legislative, the executive, and the judicial branches.
The Legislative branch of government
the government officials that are responsible for enacting statutory laws (statutes = laws enacted by congress or state legislators). (Congress)
The Executive branch of government
the government officials responsible for execution of effectuation of constitutional mandates and statutes enacted by the legislative branch. (the president)
the judicial branches of government
judges who are the government officials responsible for determining the constitutionality of legislative and executive actions and adjudicating rights and duties of persons involved in disputes. They interpret and apply the laws (Courts)
Police Power
the inherent power of the government to make laws and impose reasonable regulations for the health, safety, morals, or general welfare of the public, even when this limits individual freedom
Supremacy doctrine
the judicial doctrine that holds that any state or federal law that is inconsistent with the U.S. Constitution is null and void
Commerce clause
part of the U.S. Constitution that provides Congress with the power to pass laws to provide for trade with foreign countries and among states
Bill of Rights
all inclusive title popularly given to the first 10 amendments to the U.S. Constitution. It mandates specific and general restraints on the national government to protect all persons from arbitrary and capricious acts by federal officials.
1st Amendment
guarantees freedom of religion, speech, press, assembly, and petition
2nd Amendment
Guarantees the right to keep and bear arms, because a state requires a well-equipped citizen army for its own security
4th Amendment
Prohibits unreasonable searches and seizures of persons or property
5th Amendment
prohibits deprivation of life, liberty, or property without due process of law, and fair payment when private property is taken for public use, such as in eminent domain; prohibits compulsory self-incrimination and double jeopardy (the trial for the same crime twice)
8th Amendment
Prohibits excessive bail and fines, as well as cruel and unusual punishments
14th Amendment
All persons born or naturalized in the United states are citizens of the US and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the united states; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of laws.
The Incorporation Doctrine
the supreme court's utilization of the fourteenth amendment to find Bill of Rights limitations on state and local governments.
jurisdiction
the power of a court to decide a controversy and to award appropriate relief
concurrent jurisdiction
power of more than one court to hear a case
subject matter jurisdiction
determines which types of cases a court can hear (the right kind of court handles the right case)
limited jurisdiction
limitation on a court as to the types of cases it can hear and decide (ie, small claims court)
general jurisdiction
authorization of a court to hear and decide virtually any type of case occurring within the political boundaries of the geographical area in which it is located
venue
the local place, within the geographical boundaries of a larger jurisdiction, where a case is generally most appropriately tried
in personam jurisdiction
the power of a court over a person
in rem jurisdiction
the power of a court to declare rights against the world (or property) rather than solely against the named defendant(s).
long-arm statute
a state law authorizing a court to hear cases brought against nonresidents under specified circumstances
Burden of proof
the duty to produce evidence as a trial progresses. in a civil case, alleged facts must be proved by a preponderance (superiority in weight) of the evidence. In a criminal case, the required measure of proof is that alleged guilt must be proved beyond a reasonable doubt and to a moral certainty.
Administrative Agency (purpose of)
a subbranch of the executive branch of the federal, a state, or local government. Usually used as examples to explain and teach administrative law.
dissenting opinion
A dissenting opinion in a legal case is an opinion of one or more judges expressing disagreement with the majority opinion of the court which gives rise to its judgment
# of judges in federal supreme court
9, appointed for life, may refuse to hear a case, have final authority on a case
U.S. Court of appeals (12 circuits or districts) - how many judges hear case? where are the cases brought up from? (which court)
three judges hear each case, brought up from district courts.
what does U.S. court of appeals for the federal circuit do?
hears appeals from specialized trial courts
initiative process
an electoral process for making new statutes or changing the constitution by filing appropriate formal petitions to be voted upon by legislature (and governor) or by the total electorate
referendum
a democratic process whereby a state legislature submits (refers) proposed or existing laws to the electorate for approval or rejection
recall
a democratic process for removing public officials from their elective positions by a vote of the people taken after filing of a petition signed by the required number of qualified voters
administrative agency
subbranch of the executive branch of the federal, state, or local government.
Usually used as examples to explain and teach administrative law.
Administrative law
law of administrative agencies. Term used to describe two subjects of law: law governing agency process and procedures as well as law that agencies create and apply.