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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