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21 Cards in this Set
- Front
- Back
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Jurisprudence
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The science of law
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Civil Law
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Rules for establishing rights and duties of individuals and redressing personal wrongs
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Procedural Law
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Defines the rules by which a lawsuit is carried out
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Natural Law
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The theory that law arises from certain values or judgements that are unchanging, in accordance with an absolute source (God, nature, reason), and understandable by human reason; once discovered, these principles overrule any form of human law.
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Legal Positivism
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Identifies the source of law: the legislator or sovereign, whose will must be followed as laid down.
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Sociological Theory
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Asserts that law should be based on an inventory of a community's contemporary interests. A judge or legislator, who thereby becomes aware of these standards and mores of the community, then rules or legislates according to these standards.
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Public Law
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Deals with either the operation of government or the relationship between a government and its people.
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Private Law
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Deals with the rights and duties of individuals, associations, and corporations.
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Substantive Law
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Defines prohibited behavior, thereby establishing basic rights and duties.
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Criminal Law
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The law of crimes, whereby the state sues a person for having injured the general welfare of society.
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Plaintiff
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The party who commences an action at law and seeks a remedy.
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Defendant
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The party who defends himself against an action at law
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Misdemeanor
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A category of crimes less serious than felonies and punishable by fines and/or time in jail (not prison).
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Felony
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A category of serious crimes punishable by fines, imprisonment, or death.
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Common Law
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The extant body of judicial opinion written in casebooks and having the force of law.
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Statutory Law
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Law made by legislature
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Equity
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A court action seeking a remedy other than monetary damages, such as specific performance or an injunction.
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Statute
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A law passed by a legislative body at the federal or state level.
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Ordinance
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A law passed by a legislative body at the county or city level.
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Code
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An orderly, indexed, numerically arranged compilation of legislative or quasi-legislative law
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Precedent
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That which went before; previous law on an issue, which is followed in subsequent similar cases.
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