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57 Cards in this Set
- Front
- Back
What are the schools of jurisprudential thought
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Sociological
Command Natural Analytical Economic Sociological Critical Legal Studies |
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Sociological Law School
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laws are established for the achievement and advancement of sociological goals
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Command Law School
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laws are developed, communicated, and enforced by the ruling party
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Historical Law School
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laws are based on the aggregate of traditions and customs
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Economic Law School
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law should be built upon market efficiency
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Critical Legal Studies School
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laws are unnecessary and all issues should be solved through arbitrary rules and fair judgment
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Analytical Law School
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law is shaped by logic
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Natural Law School
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based on ethics and morals
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Sources of Law in the US
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U.S Constitution
Treaties Statutes/ Ordinances (Codified Law) Executive Order Administrative Agencies Judicial Decision Precedence |
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U.S Constitution
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The supreme law of the land
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Treaties
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A pact made between two or more nations
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Codified Law (Statute)
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written law enacted by the legislative branch of the federal and state government, that establishes certain courses of conduct that covered parties must adhere to.
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Federal Statute
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Regulate foreign and interstate commerce
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State Statute
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e.g: corporation law, partnership law, workers comp law, etc.
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(Codified Law) Ordinance
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Laws enacted by local governments (cities, municipalities, districts, counties, etc.)
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Executive Order
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An order issued by the executive branch (President, State Governors)
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Administrative Agencies
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Agencies (such as the IRS, SEC, etc.) that the legislative and executive branches are empowered to establish.
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Judicial Decision
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A decision about an individual lawsuit issued by the state or federal court
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Precedent
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A rule established in a court decision. (Lower courts must follow higher court's precedent)
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Supremacy Clause
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A clause in the Constitution that establishes federal law, treaties, the federal constitution, and federal regulation as the law of the land.
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Preemption Doctrine
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The concept that federal law takes precedence over state law.
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National Conference of Commissions on Uniform State Law
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An association composed of state appointed commissioners that meet to discuss and debate which laws should be uniform across states
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Common Law
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Ruling of previous cases that are used as precedence for future cases.
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Case Law
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A law set forth by a previous case ruling. (precedence)
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Pretrial Litigation Process Steps
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Complaint, Answer, Cross-complaint and reply
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Pretrial Litigation Process -Complaint
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the document the plaintiff files with the court to initiate a lawsuit
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Pretrial Litigation Process -Answer
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A document the defendant files with the court. It usually denies most allegations of the complaint.
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Pretrial Litigation Process - Cross-complaint and Reply
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A document filed by the defendant if he/she counter-sues the plaintiff. The plaintiff must then reply as the cross-defendant.
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Discovery
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each party engages in various activities to discover facts of the case from the other party and witnesses prior to trial.
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Discovery Steps
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Deposition
Interrogatories Production of Documents Physical and Mental Examination |
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Deposition (Discovery step)
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Oral testimony given by deponent
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Interrogatories (Discovery step)
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written questions submitted by one party to another
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Production of Documents (Discovery step)
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copies of all relevant documentation regarding the lawsuit from one party to the other
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Physical and Mental Examination (Discovery step)
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court order of examination of a party where injuries are alleged
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Voir Dire
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the process in which the judge and lawyers asp potential jurors questions to determine if they would be bias.
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Judicial Dispute Resolution
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fancy phrase for a normal court trial
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a distinguishing feature of judicial dispute resolution
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?
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Types of ADR
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Arbitration
Negotiation Mediation |
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Arbitration
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the parties choose an impartial third party to hear and decide the dispute. The decision is legally binding.
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Mediation
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Same as arbitration but decision isnt binding
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Negotiation
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when the two parties work it out amongst themselves.
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Uniform Arbitration Act
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attempts to harmonize the law in all 50 states.
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Categorical Imperative
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Kantian ethics (decision based on moral and ethics)
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Utilitarian theory of Ethics
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The greatest good for the greatest number
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Powers given to the State and Federal Gov't
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The federal gov't is empowered to deal with all national and international issues. All powers not specifically delegated to the Federal gov't are reserved for the states.
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Legislative Branch
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Branch which enforces the law
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Administrative Branch
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Branch that makes the law
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Judicial Branch
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Branch that interprets the law.
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Commerce Clause
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Constitutional Clause that grants congress the power to regulate commerce with foreign nations and native Americans
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Taxing and Spending Clause
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Grants the Gov't the power of taxation
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Larceny
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wrongful or fraudulent taking of another persons property without fear, force, or trespassing
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burglary
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stealing with trespassing
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Robbery
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stealing by applying fear and/or force
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Forgery
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fraudulent making or altering of a document which affects the legal liability of another person
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Embezzlement
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the fraudulent conversion of property by a person to whom it was entrusted (lawyer, accountant, treasurer, etc.)
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Corporate Bribe
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payment of bribes to private persons or businesses
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RICO
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Racketeer Influence and Corrupt Organizations Act.
A federal statute that provides for both civil and criminal penalties. |