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;
29 Cards in this Set
- Front
- Back
What are the 3 classifications of law?
|
1. Substantive and procedural
2. Public and Private 3. Criminal and Cicil |
|
The capacity of a person with the aid of the law to require another person or persons to perform or to refrain from performing a certain act
|
Right
|
|
Obligation the law imposes upon a person to perform or to refrain from performing a certain act
|
Duty
|
|
The type of law reates defines and regulates legal rights and duties
|
Substantive Law
|
|
This type of law establishes rules for enforcing those rights that exist by reason of substantive law
|
Procedural Law
|
|
This type of law is the branch of substantive law that deals with the governments right and powers in its political or sovereign capacity and its relations to individuals or groups
|
Public Law
|
|
A part of substantive law governing individuals and legal entities in their relations with one another ex. Business Law
|
Private Law
|
|
The type of law defines duties the violation of which constitutes a wrong aginst the party injured by the violation
|
Civil Law
|
|
The type of law establishes duties the violation of which is wrong against the whole communnity
|
Criminal Law
|
|
This means greater weight. For example, if a person had more evidence of this is court they would win
|
Preponderance
|
|
What are the 3 classifications of law?
|
1. Substantive and procedural
2. Public and Private 3. Criminal and Cicil |
|
The capacity of a person with the aid of the law to require another person or persons to perform or to refrain from performing a certain act
|
Right
|
|
Obligation the law imposes upon a person to perform or to refrain from performing a certain act
|
Duty
|
|
The type of law reates defines and regulates legal rights and duties
|
Substantive Law
|
|
This type of law establishes rules for enforcing those rights that exist by reason of substantive law
|
Procedural Law
|
|
duties the violation of which consitutes a wrong against the party injured by the violation
|
Civil Law
|
|
duties the violation of which is a wrong against the whole community
|
Criminal Law
|
|
greater weight of the evidence
|
Preponderance
|
|
the fundamental law of a particular level of government that establishes the governmental structures and allocates power among the levels of governments
|
Constitution
|
|
Under this principal the supreme court of the united states determines the constitutionality of all law
|
Judaical Review
|
|
parties not the court must initiate and conduct litigation
|
adversary systerm
|
|
This system of law depend on comprehensive legislative enactments called codes
|
Civil Law Syssterm
|
|
In this system the judiciary initiates litigation investigates pertinent facets and conducts the presentation of evidence
|
Inquisitoral System
|
|
Under this principle the courts when they decide cases adhere to rely on the rules of law that they or superior courts announces and applied in prior decision involving similar cases "to stand by the decisions"
|
Stare Decisis
|
|
A supplementary system of judical relief for those who had no adquate remedy at common law
|
Equity
|
|
An order compelling a defendant to do or refrain from doing a specific act
|
Decree
|
|
A court order requiring a party to do or refrain from doing a specific act
|
Injunction
|
|
Upon mutual mistake contracting parties could bring an action to reform or cahnge the language of a wittem agreement to conform to their actual intentions
|
Reformations
|
|
A contract allowing a part to invalidate a contract under circumstances
|
Recission
|