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25 Cards in this Set
- Front
- Back
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Law |
The body of principles, standards, and rules from the government that must be obeyed by the members of society. |
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Substantive Law |
Rules describing 'what' behavior/ conduct of societal members that is being controlled and how; the basic law of rights and duties as opposed to procedural law. (i.e 18 to vote) |
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Procedural Law |
Controls/ limits how the government acts and the rules for carrying out a civil or criminal case |
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Purpose of substantive law |
Rights and duties to protect: (Persons and property) Health Care: (order, health, morals) |
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Purpose of Law Suits |
Justice and Dispute resolution |
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Statue of limitations |
You have to file a suit in a given amount of time |
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Natural law (what determines rules) |
System of rules and principles for guiding human conduct that are thought to be the same everywhere, independent of enacted law and other rules of any society, because they are basic to human behavior and can be discovered by the rational intelligence of man based on the innate nature of humans |
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Legal Positivism (what determines rules) |
Validity of law determined by the process through which it was made - when the 'proper' process of the legislature enact law that is the 'proper/valid' law |
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Formalists (How law is applied in additional areas of study) |
Judge interprets laws using precedent and stare decisis (let the decision stand) principle and guide to strict application. (be able to rely on what the law is so you're able to comply and no get in trouble) |
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Legal Realists (How law is applied in additional areas of study) |
Reject this because judges often have to resolve conflicting laws and law is often vague and ambiguous so must be interpreted. |
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Strict construction (How law is applied in additional areas of study) |
follow law closely (also called 'originalists') |
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Evolutionary/ sociolegal (How law is applied in additional areas of study) |
Law evolves and changed as society changes |
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US constitution creates what form of gov structure? |
Federalism: the kind of gov we have. Defined: dual system of gov that has a strong central gov which has limited jurisdiction over specially identified powers that are restrained by local gov units |
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Executive (legal structures) |
Federal - President, State - governor, Executive officer agencies (i.e FDA) |
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Legislative (legal structures) |
Federal- congress, Michigan - legislative |
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Judicial (legal structures) |
Federal - appointed, state - elected |
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Supreme Court |
court of last resort |
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Intermediate Appellate Court |
Appellate jurisdiction appeal to by right |
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Trial Courts |
Original / trial jurisdiction |
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Constitution (sources of law) |
framework of gov (federal and state)` |
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Statutory (sources of law) |
Federal and state |
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Executive Branch/ Administrative Agencies (sources of law) |
Rules and regulation (fed and state) |
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Judicial Branch/ courts and judges (sources of law) |
Opinions, precedent, case law, decisions (fed and state) |
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Local government (Sources of law) |
Cities, countries, and townships. Ordinances (under control of state gov) |
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Jurisdiction |
Authority to act or decide and have decision to be binding |
