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55 Cards in this Set
- Front
- Back
Jurisprudence
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the study of law and legal philosophy.
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law
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the rules and regulations made and enforced by the government that regulate the conduct of people within a society.
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Universal Declaration of Human Rights
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a statement of human rights which has been agreed to be almost every country.
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Criminal laws
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regulate public conduct and set out duties owed to society.
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felonies
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penalty is a term or more than one year in prision.
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misdemeanors
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penalty is a prision term of one year or less.
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Civil laws
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regulate relations between individuals or groups of individuals.
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Civil action
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is a lawsuit that can be brought by a person who feels wronged or injured by another person.
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defendent
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the person accused of committing the crime.
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plantiff
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person who brings the case and is the person or company being harmed.
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prosecutor
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the governments attorney in a crimal case
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beyond resonable doubt
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the level of proof required to convict a person of a crime. It does not mean "convinced 100 percent" but does mean there is no reasonable doubts as to giult.
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preponderance of the evidence
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usually the standard of proof used in a civil suit; the burden of proof that a party must meet in order to win the lawsuit. To win, a party must provide evidence that is more convincing than the other side's evidence.
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limited government
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a basic principle of our constituitional system. It limits government powers provided to it by the people.
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separation of powers
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the division of power among the branches of government (executive, legislative, and judicial.
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statutes
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law enacted by legislatures
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checks and balances
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the power of each of the three branches of government to limit the other branches' power, so as to prevent an abuse.
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veto
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to prevent enactment of a bill
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judicial review
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the process by which courts decide whether the laws pased by Congress or state legislatures are constitutional.
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unconstitutional
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conflicting with some part of the constitution.
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conflict of intrest
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when a person has two or more concerns that are incompatible.
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independent council
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an attorney hired to be impartial. They are to investigate misconduct by high ranking memebers of the executive branch, including the president.
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federalism
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the division of powers between the states and the federal government
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Bill of Rights
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the first ten amendments to the Constitution
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supremacy clause
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states that U.S. laws and treaties must be followed even if a stae and local laws disagree with the Constitution and these treaties.
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legislative intent
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what the lawmakers who passed a law wanted the law to mean.
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bills
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a draft of a propsed law beng considered by a legislature
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public hearings
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hearings that give individuals or buisnesses an opportunity to express their views on the proposals.
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trials
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a court preceeding
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appeals
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to take a case to a higher court for a rehearing
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appellate
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a court in which appeals from trial court decisions are heard
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precedent
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court decisions on legal questions that guide future cases with similar questions.
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lobbying
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a way to influence the lawmaking process by convicting lawmakers to as as you want them to.
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vote
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a basic constitutional right.
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initiative
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a procedure that enables a specified number of voters to propose a law by petition.
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recall
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the removal of an elected official from office by a vote of the people.
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negotiation
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is the process by which people involved in a disputable talk to eachother about their problem and try to reach a solution acceptable to all.
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settlement
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a mutual agreement between two sides in a lawsuit, made before the case goes to trial, that settles the or ends the diputes.
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arbitration
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both parties to a dispute agree to have another person listen to their arguments and make a decision for them.
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mediation
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a method of alternative dispute resolution. A third person listens to both sides and recommends a solution.
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ombudspersons
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investigates complaints and then helps the parties reach some agreement.
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trial courts
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listen to the testimony, consider evvidence, and decide the facts in a disputed situations.
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parties
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the people directly concerned with or taking part in any legal matter.
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plantiff
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the party bringing the legal action
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prosecutor
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the governments attorney in a criminal case.
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defendent
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the person against whom a claim is made. In a civil suit the defendent is the person being suid; in a criminal case the defendent is the person charged with committing a crime.
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adversary system
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the judicial system used in the U.S. It allows opposing parties to present their legal conflicts before an impartial judge or jury.
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inquisitional system
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a European method for handling diputes in which the judge plays an active role in gathering and presenting evidence and questioning witnesses.
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voir dire
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the process in which opposing lawyers question prospective jurors to get as favorable or as fair a jury as possible.
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removal for clause
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part of the jury selection process. It permits removal of any juror who does not appear capable of rendering a fair and impartial verdict.
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peremptory challenges
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the attorneys can have prospective jurors removed without stating a cause.
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error of the law
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a mistake made by the judge in a legal procedures or rulings during a trial that may allow the case to be appealed.
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dissenting opinion
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in a trial or appeal, the written opinion of a minority of judges who disagree with the decision of the majority.
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concurring opinion
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an additional court opinion in which a judge agrees with the decision reached by the court, but not neccesarily with the reasoning behing that decision.
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petitions for certiorari
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formal application by which a party of lower court decision reviewed by the U.S. Supreme Court, which has discretion to approve or deny any such application.
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