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16 Cards in this Set
- Front
- Back
civil law |
legal system based on written laws or codes, controls private disputes between parties |
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Napoleonic code |
became the basis of civil legal law system in france |
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stare decisis |
laws originate from decisions ofcourts rather than legislative bodies; another word for precedent |
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jurisprudence |
study of philosophy of law |
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natural law |
law that reflects moral and unchangeable laws of nature |
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legal positivism |
the validity of law is not related to morality |
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legal realism |
based on the belief that men create laws and therefore laws are subject to pitfalls created by men |
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substantive laws |
laws that define our rights and obligations |
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procedural laws |
lawsthat dictate how we enforce our rights and obligations |
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due process of law |
existence of a law that prohibits the conduct in question before the violation occurs; alaw that is sufficiently certainandclear so that an individual is capeable of knowing what is permissable and what is illegal. a specifically described penalty that is to be imposed in the event a person is found guilty |
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rules of court |
procedural rules adopted by various courts regulating hte practice in the court |
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jurisdiction |
the power or authority to act in a certain situation; the power of the court to hear cases and render judgement |
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burden of proof |
the necessity of establishing a particular fact or the necessity of going forward with evidence |
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acquittal |
a finding of not guilty in a criminal case |
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criminal substantive law |
Law that makes burglary a crime is a |
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goverment and religon |
origins of laws are based on both |