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44 Cards in this Set
- Front
- Back
Permitted Conduct: Certain act __ be done
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may
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Required Conduct: Certain acts __ be done
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must
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Prohibited Conduct: Certain acts __ be committed
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must not
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def. Right
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The capacity of a person, with the aid of the law, to reguire another person or persons to perform, or to refrain from performing, a certain act.
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def. Duty
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The obligation the law imposes upon a person to perform, or refrain from performing, a certain act.
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def. Substantive law
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creates, defines, and regulates legal rights and duties
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def. procedural law
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sets forth the rules for enforcing those rights that exists by reason of the substantive law
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t/f Does procedual law define the method by which to obtain a remedy in court?
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True
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def. Public law
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the branch of substantive law that deals with the government's rights and powers and its relationship to individuals or groups.
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Public law consists of __,__, and __ law.
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Constitutional, administrative and criminal
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def. Private law
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that part of substantive law governing individuals and legal entities (such as corporations in their relationships with one another
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t/f Business law primarily private law.
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True
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def. Civil law
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defines duties, the violation of which constitues a wrong against the party injured by the violation
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def. Criminal law
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establishes duties, the violation of which is a wrong against the whole community
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Is civil law a part of private law?
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Yes
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Is criminal law a part of public law?
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Yes
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The purpose of the civil law is to __ the injured party.
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Compensate
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The purpose of criminal law is to __ the wrongdoer.
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Punish
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What is the burden of proof in civil law?
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Preponderance of the evidence
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What is the burden of proof for criminal law?
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Beyond a reasonable doubt
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def. US Constitution
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Supreme law of the land
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t/f Although state constitution cannot deprive citizens of federal constitutional rights, it can guarantee rights beyond those provided in the US Constitution.
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True
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t/f State constitutions tend to be less specific than the US Constitution and amended less frequently.
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False
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Hierarchy of Law (9 elements)
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US Constitution, treaties/federal statutes, federal administrative law, federal common law, state constitution, state statues, state administrative law, state common law
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t/f No law, federal or state, is valid if it violates the federal Constitution.
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True
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t/f Under the principle of judicial review, the Supreme Court of the US determines the constitutionality of all laws.
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True
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def. Common law
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body of law developed by the courts that serves as a precedent for determination of later controversies
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Common law is also called __ law or __ law.
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Case, judge-made
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What is the latin translation for stare decisis?
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To stand by the decisions
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def. Stare decisis
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courts adhere to and rely on rules of law that they or superior courts relied on and applied in prior similar decisions.
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t/f Stare decisis allows sufficient flexibility for the common law to change.
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True
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def. Treaty
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an agreement between or among independent nations.
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__ law is the branch of public law that is created by administrative agencies in the form of rules, regulations, orders and decisions to carry out the regulatory powers and duties of those agencies.
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Administrative
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t/f Administrative laws deal with the controversies arising among individuals and these administrative public officials and agencies.
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True
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def. Equity
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body of law based on principles distinct from common law and providing remedies not available at law
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def. Executive orders
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laws issued by the president or by the governor of a state
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Sources of law categories (4)
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Constitutional, judicial, legislative, administrative
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Origin of Common
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judicial branch, through stare decisis
Statutory law |
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Origin of statutory law
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legislative branch, through a formal lawmaking process
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Form of common law
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diffuse,in patterns of decided cases
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Form of statutory law
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Unified, in expressed language of codified text
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t/f Common law is reactive - i.e initiated by actual cases
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True
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t/f Statutory law is proactive - i.e. initiated by addressing any constitutionally permitted issue
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True
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What is the mutability of common and statutory law?
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For common laws, mutability is infrequent and happens through overruling. For statutory laws, mutability is common and happens through repeal.
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