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