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22 Cards in this Set

  • Front
  • Back
Definition of Law
A rule of civil conduct prescribed by the supreme power in a state, commanding what is right, and prohibiting what is wrong (Blackstone)
Functions of Law
To maintain stability in the social, political, and economic system through dispute resolution, protection of property, and the preservation of the state, while simultaneously permitting ordered change
Plaintiff
the person who initiates a civil suit
Prosecute
to bring a criminal proceeding
Constitution
fundamental law of a gov. establishing its powers and limitations
Judicial review
authoridty of the courts to determine the constitutionality of legislative and executive acts
Common Law System
body of law originating in England and derived from judicial decisions
Adversary system
system in which opposing parties initiate and present their cases
Civil Law system
body of law derived from Roman law and based upon comprehensive legislative enactments
Inquisitorial system
system in which the judiciary initiates, conducts, and decides cases
Stare decisis
principle that courts should apply rules dcided in prior cases in deciding substantially similar cases
Equity
body of law based upon principles distinct form common law and providing remedies not available to law
Decree
decision of a court of equity
Specific performance
decree ordering a party to perfrom a contractual duty
Injunction
decree ordering a party to do or refrain from doing a specified act
Reformation
equitable remedy rewriting a contract to confrom with the orignial intent of the contracting parties
Rescission
an equitable remedy rewriting a contract to confrom with the original intent of the contracting parties
Maxim
a general legal principle
Treaty
an agreement between or among independent nations
Executive order
legislations issued by the president or governor
Administrative Law
law dealing with the establishment, duties, and powers of agencies in the executive branch of government
Appellant
Party who appeals