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33 Cards in this Set

  • Front
  • Back
civil disobedience
The theory that a person may disobey human laws that conflict with natural law or God's law.
malum in se
Literally, "wrong in itself." IN criminal law, something that is made illegal because it is inherently wrong.
malum prohibitum
In criminal law, something, such as gambling, made illegal because government has deemed it undesirable, thereby prohibiting it.
A case previously decided that serves as a legal guide for the resolution of subsequent cases.
natural law
The theory that human law must conform to the laws of God and nature, just as the physical world must confrom to the laws of physics.
positive law
The theory that law is merely a reflection of the will of the strongest in a society.
sociological theory of law
The theory that law is a function of the society that makes it and that law changes as society changes.
substantive law
Law that deals with the content or substance of the law, for example, the legal grounds for divorce.
criminal law
Laws passed by government that define and prohibit antisocial behavior.
civil law
Law that governs the private relationships between individuals in maters such as contracts, property and torts.
A private or civil wrong in which the defendant's actions cause injury to the plaintiff or to property, and the usual remedy is money damages.
judicial review
The power of a court to declare acts of governmental bodies contrary to the Constitution null and void.
constitutional law
Law that consists of court decisions that interpret and expand the meaning of written constitution.
administrative law
The law that governs the actions of administrative agencies.
case law
A law that developes through the interpretation of statutes, constitutions, treaties, and other forms of written law.
common law
Laws developed, mainly in England, by judges who made legal decisions in the absense of written law. Such decisions served as precedents and became "common" to all of England.
caveat emptor
Literally, "let the buyer beware." At common law the doctrine that purchasers of goods must inspect them to avoid being cheated by merchants.
roman law
A system of laws created by the Romans and codified in the Code of Justinian.
civil law system
A system of laws in which the legislature is the ultimate lawmaker and that relies on codes rather than court precedent as the basis of decisions' the dominant world legal system.
canon law
A system of church law.
substitutionary relief
The award of money damages as compensation for legally recognized losses.
specific relief
Equitable remedies that are directed to the defendant personally and obligate him or her to do or refrain from doing some activity.
stare decisis
The policy of courts to follow the rules laid down in previous cases and not to disturb settled points of law
mandatory authority
Prior court cases, constitutional provisions, legislative enactments, court rules, or administrative regulations that are binding upon courts in rendering decisions
A court order directing a person to refrain from doing certain acts or carying out certain activities
persuasive authority
Secondary sources or materials from other jurisdictions by which courts are not bound but upon which they may rely in deciding cases.
procedural law
Law that outlines the legal procedures or process that government is obliged to follow.
due process of law
A term used in the Fifth and Fourteenth Amendements to refer to the process that is due before government may deprive a person of life, liberty, or property
civil action
A civil lawsuit brought by one person or corporation against another.
statutory law
Laws, called statutes, passed by legislative bodies that bestow benefits, impose obligations, or prohibit antisocial behavior.
regulatory law
The rules and regulations promulgated by administravite agencies that are just as binding as statutes passed by legislatures.
A branch of law that provides for remedies other than damages and is therefore more flexible than common law.
A political system in which governmental powers are divided between a central government and regional and /or state governments.