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10 Cards in this Set
- Front
- Back
What are the four primary sources of law in the US?
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Constitutional Law, Statutory Law, Administrative Law, Case/Common Law
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What is the common law tradition?
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The body of law developed from custom or judicial decisions in English and US courts, not attributable to a legislature
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What is a precedent? When might a court depart from precedent?
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A court decision that furnishes an example or authority for deciding subsequent cases involving identical or similar facts....a court decides that a precedent is incorrect or that technological or social changes have rendered the precedent inapplicable
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What is the difference between remedies at law and remedies in equity?
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at law- economical compensation
in equity- when a remedy at law not adequate |
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What are some important differences between civil law and criminal law?
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civil law- law that defines and governs actions that constitute crimes. Generally, criminal law has to do with wrongful actions committed against society for which society demands redress
civil law-branch of law dealing with the definition and enforcement of all private or public rights, as opposed to criminal matter |
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What are the four primary sources of law in the US?
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Constitutional Law, Statutory Law, Administrative Law, Case/Common Law
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What is the common law tradition?
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The body of law developed from custom or judicial decisions in English and US courts, not attributable to a legislature
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What is a precedent? When might a court depart from precedent?
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A court decision that furnishes an example or authority for deciding subsequent cases involving identical or similar facts....a court decides that a precedent is incorrect or that technological or social changes have rendered the precedent inapplicable
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What is the difference between remedies at law and remedies in equity?
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at law- economical compensation
in equity- when a remedy at law not adequate |
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Exclusionary rule is inapplicable to: (4 types of proceedings)
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[1] grand juries (unless E was obtained in violation of fed. wiretapping statute);
[2] Civil Proceedings; [3] Internal Agency Rules; [4] Parole Revocation Proceedings |