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46 Cards in this Set
- Front
- Back
What is a body of rules of action or conduct prescribed by the controlling authority, and having binding legal force that which must be obeyed and followed by citizens subject to sanctions or legal consequencies?
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Law
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What are the functions of law?
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Keeping the peace, shaping moral standards, promoting social justice, maintaining the status quo, facilitating orderly change, facilitating planning, providing a basis for compromise and maximizing individual freedom
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What is a well-designed commerical law allow businesses to plan their activities, allocate their resources and assess their risks?
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Facilitating Planning
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What is the rights of freedom of speech, religion, and association granted by the First Amendment to the U.S. Constitution?
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Maximizing Individual Freedom
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What quality is the American legal system is one of the most comprehensive, fair, and democratic systems of law ever developed and enforced?
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Fairness of the Law
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What quality of law states that the U.S. law evolves and changes along with the norms of society, technology, and the growth and expansion of commerce in the United States and the World?
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Flexibility of the law
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What is the philosophy or science of the law?
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Jurisprudence
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What school postulates that law is based on what is "correct"; law should be based on morality and ethics?
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Natural Law School
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What school believes that law is an aggregate of social traditions and customs?
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Historical School
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What school maintains that law is shaped by logic?
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Analytical School
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What school asserts that law is a means of achieving and advancing certain sociological goals?
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Sociological School
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What school believes that law is a set of rules developed, communicated and enforced by the ruling party?
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Command School
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What school maintains that legal rules are unnecessary and that legal disputes should be solved by applying arbitrary rules based on fairness?
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Critical Legal Studies School
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What school believes that promoting market efficiency should be the central concern of legal decision making?
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Law and Economics School
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What was generally adopted and it became the foundation from which American judges developed our common law?
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English System of Law
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What is a uniform system of courts emphasizing form over substance; granted only monetary damages?
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Law Court
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What sought when law courts could not grant appropriate remedy; remedies were shaped to fit each situation?
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Court of Chancery (Equity Court)
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What law merchant rules based on common trade practices and trade; efficient set of laws for business?
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Merchant Court
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Every state except who has adopted the Common law of England as of the date of entry into the United States?
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Louisiana
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What system is Romano-Germanic civil law based on the Twelve Tables and the Corpus Juris Civilis; Napoleonic Code and German Civil Code?
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The Civil Law System
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What establishes the federal government and enumerates its powers and creatd three branches?
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The U.S. Constitution
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What is the president, with the advice and consent of the Senate, may enter into these with foreign governments?
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Treaties
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What are issued by the president and state governors; power derived from express delegation from legislative branch?
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Executive Orders
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What are created by the legislative and executive branches of government; they may adopt rules and regulations and may enforce and interpret statutes?
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Administrative Agencies
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What are courts decide controversies and are usually state the rationale used by the court in reaching that decision?
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Judicial Decisions
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What is based on the common law tradition, past court decisions become precedent for deciding future cases; lower courts follow the precedent established by higher courts?
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The Doctrine of Stare Decisis
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Who is the party who originally brought the lawsuit?
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Plaintiff
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Who is the party against whom the lawsuit has been brought?
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Defendant
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Who is the party who has appealed the decision of the trial court or lower court?
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Petitioner or Appellant
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Who is the party who must answer the petitioner's appeal?
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Respondent or Appellee
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What are the two major court systems in the U.S. called?
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The Federal Court System and The Court systems of the 50 states and the District of Columbia
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What court hear matters of a specialized or limited nature?
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Limited-Jurisdiction Trial Courts
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What court hears cases of a general nature that are not within the jurisdiction of limited-jurisdiction courts; testimony and evidence at trial are recorded and stored for future reference?
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General- Jurisdiction Trial Courts
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What is a court that hears appeals from trial courts; reviews the trial court record to determine if there have been any errors of trial that would require reversal or modifications of the decision?
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Intermediate Appellate Courts
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What is the highest state court in a state court system, hears appeals from intermediate state courts and certain trial courts, no new evidence or testimony is heard and decisions of state supreme courts are final, unless a question of law is involved that is appealable to the U.S. Supreme Court?
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Highest State Court
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What courts that hear matters of specialized or limited jurisdiction which include tax court, claims court, court of international trade and Bankruptcy court?
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Special Federal Court
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What is the federal court system's trial court of general jurisdiction; most federal cases originate from here; impanel juries, receive evidence, hear testimony and decide cases?
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U.S. District Courts
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What is the federal court system's intermediate appellate courts and these courts hear appeals from the district courts located in their circuit?
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U.S. Courts of Appeals
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What is a petition asking the Supreme Court to hear case?
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Petition for Certioral
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What is an official notice that the Supreme Court will review a case?
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Writ of Certioral
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What is plaintiff must have a stake in the outcome of case?
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Standing to Sue
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What is court has jurisdiction over the property of the lawsuit within the state borders?
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In rem
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What is attachment jurisdiction; attachment property located in another state
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Quasi in rem
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What is when state courts obtain jurisdiction over persons or businesses located in another state?
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Long Arm Statute
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What is the court near location of incident or residence of party?
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Venue
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What allows parties to a contract to designate the court/jurisdiction to hear disputes?
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Forum Selection Clause
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