Legal Test 1

Front 1

rule of law

Back 1

laws made are generally and equally applicable.

Front 2

jurisprudence

Back 2

philosophies of law

Front 3

Natural Law

Back 3

Under: Jurisprudence
Law contains universal moral principles.

Front 4

Positive law

Back 4

Under: Jurisprudence
law is simply the commands of the state backed up by force.

Front 5

Historical School

Back 5

Under: Jurisprudence
law should focus on legal principles that have withstood the test of time.

Front 6

Sociological jurisprudence

Back 6

Under: Jurisprudence
Law can and should change to meet new developments in society.

Front 7

Legal realism

Back 7

Under: Jurisprudence
Law is what officials do about it.

Front 8

Common law

Back 8

legal system that emphasizes the role of judges in determining the meaning of laws and how they apply.

Front 9

Civil Law

Back 9

Relies more on legislation than judicial decisions to determine what the law is. (Only Louisiana)

Front 10

Public Law

Back 10

includes those matters that involve the regulation of society as opposed to individuals interacting.

Front 11

Constitutional law

Back 11

Under: Public Law
involves the interpretation and application of either the federal or state constitutions.

Front 12

Administrative law

Back 12

Under: Public Law
covers the legal principles that apply to government agencies, bureaus, boars, or commissions.

Front 13

Criminal Law

Back 13

Under: Public Law
Specifies various offenses against the proper order of the state.

Front 14

Private Law

Back 14

covers those legal problems and issues that concern your private resource relationships with other people.

Front 15

Property law

Back 15

Under: Private law
involves the recognition of exclusive right in both tangible and intangible resources.

Front 16

Contract Law

Back 16

Under: Private Law
covers the rules of how owners transfer resources by exchanging them.

Front 17

Tort Law

Back 17

Under: Private Law
Establishes rules for compensation when an owner's legal boundaries are wrongfully crossed by another.

Front 18

Substantive Law

Back 18

Defines the legal relationship of people with other people or between them and the state.

Front 19

Procedural law

Back 19

Deals with the method and means by which substantive law is made and administered.

Front 20

Legislation

Back 20

Most significant source of law.
Congress: statute or act.
Local: ordinances.
Compilation from all levels: codes

Front 21

Uniform Commercial Code (UCC)

Back 21

Most significant uniform law for business. Applies only to purchases and sales of personal property like goods.

Front 22

Opinions

Back 22

Under: Judicial Decision/Case Law
Decisions passed on by judges in a case.

Front 23

Precedents

Back 23

Under: Judicial Decision/Case Law
Decision in a case that may be used in future cases.

Front 24

Citation

Back 24

Under: Judicial Decision/Case Law
Location of prior precedents.

Front 25

Stare decisis

Back 25

Under: Judicial Decision/Case Law
doctrine of prior precedents.
"Let the decision stand."

Front 26

Holding

Back 26

Under: Judicial Decision/Case Law
precisely what was necessary to the decision reached.

Front 27

Dicta

Back 27

Under: Judicial Decision/Case Law
whatever else was stated by the court after the holding in a case.

Front 28

Constitutional Relativity

Back 28

Under: Constitutional Law
The Constitution relative to the times in which it is interpreted.

Front 29

Sanctions

Back 29

Methods used by law enforcement officials to encourage or force compliance with the obedience to the law.

Front 30

Remedy

Back 30

The right of one person to take another person's resources because that person failed to meet the requirements of the law.

Front 31

Contracts

Back 31

Legally enforceable agreements.

Front 32

Intentional Torts

Back 32

Under: Tort law
Torts that require the plaintiff to prove the defendant intended to cross the boundaries protecting the plaintiff.

Front 33

Negligence

Back 33

Under: Tort Law
Requires the plaintiff to show that the defendant injured what was proper to the plaintiff through unreasonable behavior.

Front 34

Strict Liability

Back 34

Under: Tort Law
Usually require the plaintiff to prove only that the defendant has injured something proper to the plaintiff.

Front 35

Punitive/Exemplary damages

Back 35

Under: Tort Law
damages to compensate injured plaintiffs in tort case.

Front 36

Petit Jury

Back 36

Under: Jurors
Trial jury that returns a decision in both Criminal and Civil cases.

Front 37

Subject Matter Jurisdiction

Back 37

power over the issues involved in the case.

Front 38

Writ of Certiorari

Back 38

Request to have case heard by a supreme court.

Front 39

interrogatories

Back 39

Under: Discovery
Series of written questions to the opposing parties.

Front 40

Request for production of documents

Back 40

Under: Discovery
After interrogatories, either party may ask other to produce documents.

Front 41

Depositions

Back 41

Under: Discovery
lawyer orally asks questions of possible witness and oral response is given.

Front 42

Request for an Admission

Back 42

Under: Discovery
either party in discovery may ask other to admit some issues aren't in dispute.

Front 43

Statute of Limitations

Back 43

Under: Motions
Time someone has to file a complaint from the date of an incident.