Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
50 Cards in this Set
- Front
- Back
Definition of Law
|
a rule of civil conduct prescribed by the supreme power in a state, commanding what is right and prohibiting what is wrong
|
|
Functions of Law
|
to maintain stability in the social, political, and economic system through dispute resolution protection of property, and the preservation of the state, while simultaneously permitting ordered change
|
|
Laws & Morals
|
are different but overlapping; law provides sanctions while morals do not
|
|
Law & Justice
|
are separate and distinct concepts; justice is the fair, equitable, and impartial treatment of competing interests with due regard for the common good
|
|
Substantive Law
|
law creating rights and duties
|
|
Procedural Law
|
rules for enforcing substantive law
|
|
Public Law
|
law dealing with the relationship between government and individuals
|
|
Private Law
|
law governing the relationships among individuals and legal entities
|
|
Civil law
|
law dealing with rights and duties, the violation of which constitutes a wrong against an individual or other legal entity
|
|
Criminal Law
|
law establishing duties that, if violated, constitute a wrong against the entire community
|
|
Constitutional law
|
fundamental law of a government establishing its powers and limitations
|
|
Common Law
|
body of law developed by the courts that serves a precedent for determination of later controversies
|
|
Equity
|
body of law based upon principles distinct from common law and providing remedies not available at law
|
|
Treaties
|
agreements between or among independent nations
|
|
Executive orders
|
laws issued by the president or by the governor of a state
|
|
Administrative Law
|
created by administrative agencies in the form of rules, regulations, orders, and decisions to carry out the regulatory powers and duties of those agencies
|
|
Stare Decisis
|
Legal principle that prior court decisions should be used as guiding precedents
|
|
Ethical Fundamentalism
|
individuals look to a central authority or set of rules to guide them in ethical decision making
|
|
Ethical Relativism
|
asserts that actions must be judged by what individuals subjectively feel is right or wrong for themselves
|
|
Situational Ethics
|
one must judge a person's actions by first putting oneself in the actor's situation
|
|
Utilitarianism
|
moral actions are those that produce the greatest net pleasure compared with net pain
|
|
Deontology
|
holds that actions must be judged by their motives and means as well as their results
|
|
Social Egalitarians
|
believe that society should provide all its members with equal amounts of goods and services regardless of their relative contributions
|
|
Distributive Justice
|
stresses equality of opportunity rather than results
|
|
Libertarians
|
stress market outcomes as the basis for distribution society's rewards
|
|
District Court
|
trial courts of general jurisdiction that can hear and decide most legal controversies in the federal system
|
|
Courts of appeals
|
hear appeals from the district courts and review orders of certain administrative agencies
|
|
The supreme court
|
the nation's highest court, whose principal function is to review decisions of the federal courts of appeals and the highest state courts
|
|
Special Courts
|
have jurisdiction over cases in a particular area of federal law and include the U.S. court of Federal Claims, U.S. tax court, U.S. bankruptcy courts, and court of appeals for the federal circuit
|
|
Inferior trial courts
|
hear minor criminal cases such as traffic offenses and civil cases involving small amounts of money and conduct preliminary hearings in more serious criminal cases
|
|
Trial Courts
|
have general jurisdiction over civil and criminal cases
|
|
Special trial courts
|
trial courts, such as probate courts and family courts, which have jurisdiction over a particular area of state law
|
|
Appellate Courts
|
include one or two levels; the higest court's decisions are final except in those cases review by the U.S. supreme court
|
|
Exclusive Federal Jurisdiction
|
federal courts have sole jurisdiction over federal crimes, bankruptcy, antitrust, patent, trademark, copyright, and other special cases
|
|
Concurrent Federal Jurisdiction
|
authority of more than one court to hear the same case; state and federal courts have concurrent jurisdiction over federal question cases and diversity of citizenship cases involving more than $75,000
|
|
Exclusive state jurisdiciton
|
state courts have exclusive jurisdiction over all matters to which the federal judicial power does not reach
|
|
Federalism
|
the division of governing power between the federal government and the states
|
|
Federal Supremacy
|
federal law takes precedence over conflicting state law
|
|
Federal Preemption
|
right of federal government to regulate matters within its power to the exclusion of regulation of states
|
|
Judicial Review
|
examination of governmental actions to determine whether they conform to u.s. constitution
|
|
Separation of Powers
|
allocation of powers among executive, legislative, and judicial branches of government
|
|
State Action
|
actions of governments to which constitutional provisions apply
|
|
Federal Commerce Power
|
exclusive power of federal government to regulate commerce with other nations and among the states
|
|
State Regulation of commerce
|
the commerce clause of the constitution restricts the states' power to regulate activities if the result obstructs interstate commerce
|
|
Certiorari
|
Rule of four: 4 people on supreme court have to decide its worth hearing, then can be appealed to supreme court
|
|
Substantive Due Process
|
determination of whether a particular governmental action is compatible with individual liberties
|
|
Procedural Due Process
|
requires the governmental decision-making process to be fair and impartial if it deprives a person of life, liberty, or property
|
|
Rational Relationship Test
|
Standard of review used to determine whether economic regulation satisfies the equal protection guarantee
|
|
Strict Scrutiny Test
|
exacting standard of rewview applicable to regulation affecting a fundamental right or involving a suspect classification
|
|
Intermediate Test
|
Standard of review applicable to regulation based on gender and legitimacy
|