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