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43 Cards in this Set
- Front
- Back
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Law
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rule by federal or state govt that can be inforced
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Rule of Law
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laws that are made are generally and equally applicable to the lawmakers and public
-apply to all or most members of society and apply to various groups in same way |
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Property
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the legal right to exclude or keep others from interfering with what you own, with your resources
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Jurisprudenct
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the philosophy of law
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classifications of law
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-common
-civil -public -private -criminal -sustantive -procedural |
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common law
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-emphasizes the role of judges in determining the meaning of laws and how they apply
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civil law
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-relies more on legislation than judicial decisions to determine what the law is
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public law
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-includes matters that involve the regulation of society as opposed to individuals interacting
-includes contitutional law, administrative law, and criminal law |
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constitutional law
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involves the interpretation and application of either the federal or state constitutions
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administrative law
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covers the legal principles that apply to goverment agencies, bureaus, boards, or commissions
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criminal law
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specifies various offenses against the proper order of the state
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Private law
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covers legal problems and issues that concern your private resource relationships with other people
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Property law
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involves the recognition of exclusive right in both tangible and intangible resources
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Contract law
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covers the rules of how owners transfer resources by exchanging them
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Tort law
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establishes rules for compenstaion when an owner's legal boundaris are wrongfully crossed by another
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Substantive law
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defines the legal relationship of people with other people or between them and the state
-define rights and duties |
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procedural law
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deals with the method and means by which substantive law is made and administered
-provide the machinery for enforcing those rights and duties |
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legislation
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laws passed by an elected body such as congress
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Statute
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legislation adopted by Congress or a state legislature
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ordinances
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laws passed by local governments
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codes
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compilations of legislation at all levels of govt
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Uniform Commercial Code (UCC)
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most successful attempt to have states adopt a uniform law
-codes purpose is to simplify, clarify, and modernize the laws governing commercial transactions |
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Statutory construction
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determine the intent of the legislature when the statue was enacted
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Opinion
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the decision of a judge, usually issues in a written form
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Precedent
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a prior judicial decision relied upon as an exampl of a rule of law
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citation
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the reference identifying how to find a case
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Stare decisis
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the doctrine that traditionally indicates that a court should follow prior decisions in all cases based on substantially similar facts
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holding
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the precise legal response in an opinion by an appellate court on an issue of law raised on appeal
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dicta
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statements made in a judicial opinion that are not essential to the decision of the case
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constitutional relativity
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the idea that constitutional interpretation is relative to the time in which the Constitution is being interpreted
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conflict of law
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rules of law the courts use to determine that substantive law applies when there is an inconsistency between laws of different states or countries
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sanctions
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penalties imposed for violaiton of a law
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remedy
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the right of an individual to take another person's resources because that person has failed to meet the requirements of the law
-ex. breach of a contract |
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breach of contract
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when one party to a contract fails to do what he or she agreed to do
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compensatory damages
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awarded in breach-of-contract cases to pay for a party's losses that are a direct and foreseeable result of the other party's breach
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specific performance
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an order by the court commanding the other party actually to perform a bargain as agreed
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tort
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establishes rules for compensation when an owner's legal boundaries are wrongfully crossed by another
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intentional tort
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noncontractual legal wrong caused by one who desires to cause the wrong
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negligence
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a person's failure to exercise reasonable care that foreseeably causes another injury
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strict liability
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the doctrine under which a party may be required to respond in tort damages without regard to such party's use of due care
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Punitive/exemplary damages
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monetary damages in excess of a compensatory award
-usually only granted in intentional tort cases |
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corporation
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an artificial, but legal, person created by state law
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corporate governance
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the legal rules that structure, empower and regulate the agents of corporations and define their relationship to the owners
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