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16 Cards in this Set
- Front
- Back
Law
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is powerful is important is interesting |
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Precedent |
Judges of all courts below the Supreme Courts will refer to previous cases to rule on present cases. |
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Stare Decisis |
The principle that precedent is blinding on later cases. |
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The sources of contemporary law |
- U.S. Constitution - Statutes - Common Law - Court Orders - Administrative Law |
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U.S. Constitution |
It establishes a system of checks and balances under the law: 1) Legislative branch 2) Executive branch 3) Judicial power |
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Statutes |
Laws created by Federal and State governments. However, State statutes must not conflict with Federal statutes. |
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Common Law |
Earlier cases decides by the courts. |
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Court Orders |
Courts may issue rulings such as injunctions to provide an equitable remedy. |
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Administrative Law |
Interpretation of statutes and further regulations created by agencies. |
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Treaties |
The president may make treaties or agreements with foreign nations, but these treaties must be ratified by 2/3 vote of the U.S. Senate. |
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Executive Orders |
The president may issue executive orders to help officers and agencies of the executive branch manage the operations within the federal government itself. |
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Criminal Law |
Government prosecutes accused |
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Civil Law |
It regulates rights and duties of parties. |
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Legal Positivism |
Decision stand, regardless of morality |
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Natural Law |
Law must have a good moral basis. |
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Legal Realism |
It enforces determine if the law is applied in a fair and consistent way. |
