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10 Cards in this Set
- Front
- Back
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Stare Decisis
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Latin: “to stand by the decision.” Adherence to the precedent.
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Law
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That which must be obeyed and followed by citizens, subject to sanctions or legal consequences; a body of rules of action or conduct prescribed by controlling authority and having binding legal force
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Functions of the Law
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1. Keep the peace- Laws that make certain activities crimes
2. Shaping moral standards- Laws that discourage drug and alcohol abuse 3. Promoting social justice- Laws that prohibit discrimination in employment 4. Maintaining the status quo- Laws that prevent the forceful overthrow of the government 5. Facilitating planning- Well designed commercial laws that allow businesses to plan their activities, allocate their productive resources, and assess the risks they take 6. Facilitating orderly change- Laws enacted only after considerable study, debate, and public input 7. Providing a basis for compromise- Allowing for the settlement of cases prior to trial. Approximately 90 percent of all lawsuits are settled in this manner. 8. Maximizing individual freedom- The rights of freedom of speech, religion, and association granted by the First Amendment to the U.S. Constitution. |
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Jurisprudence
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The philosophy or science of law
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Precedent
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A rule of law established in a court decision. Lower courts must follow the precedent established by higher courts
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Statute
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Written law enacted by the legislative branch of the federal and state governments that establishes certain courses of conduct that must be adhered to by covered parties.
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Federalism
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The U.S. for of government in which the federal government and the 50 state governments share powers.
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Doctrine of Separation of Powers
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Each branch of the federal government has separate powers. Those powers are:
• Legislative branch- power to make the law • Executive branch- power to enforce the law • Judicial branch- power to interpret the law |
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Supremacy Clause
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A clause of the U.S. Constitution that establishes that the U.S. Constitution and federal treaties, laws, and regulations are the supreme law of the land.
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Preemption Doctrine
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A doctrine that provides that federal law takes precedence over state or local law.
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