FINA 2244: CHAPTER 1
35 Cards in this Set
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case law
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the law created when judges decide cases; also called common law
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civil action
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an action brought in civil court to enforce a personal right
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common law
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law that is created and applied by judges when deciding cases
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constitution
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the fundamental law of a nation or state; establishes the limits and powers of government
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criminal law
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the law that sets out public wrongs which the government tries to correct by prosecuting wrongdoers
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ethics
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concepts of right or wrong encountered in philosophy or religion
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executive orders
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law created by the President; orders to federal agencies to take on responsibilities or proceed in particular ways
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holding
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the decision in a judicial opinion; it is binding on other courts in the jurisdiction
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informal rules
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implicit rules that come from a society's history, customs, commercial practices and ethics
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judicial review
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the power of the courts to declare the actions of the other branches of government unconstitutional
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jurisprudence
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the philosophy of law; also the collected law of some jurisdiction
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laws
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formal rules of nations; created by constitutions, statutes, judicial proceedings, administrative regulations, and executive orders
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precedent
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a past judicial decision relied on as authority
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preponderance
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more than half; majority; more likely than not
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private law
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law governing the legal relationships among members of society
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procedural law
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law controlling how courts are accessed and used as they enforce substantive laws
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public law
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law concerning the legal relationships between people (individuals or entities) and their government
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stare decisis
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doctrine that requires courts to follow past decisions made by an authoritative court when a new case presents the same facts and legal issues
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statute
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a law created by legislatures
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substantive law
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law that sets out rights and duties that affect how people behave in organized society
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United States v Stanley
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US court case; the government was not liable for administering LSD to military personnel without their knowledge or permission
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1964 Civil Rights Act
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an example of a statute that influences behavior because it tried to get rid of discrimination against African Americans
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Roe v. Wade
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an example of a court ruling that influences behavior, made abortion protected by the constitution
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uniform codes
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laws that are the same among the states, usually voluntary
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statute
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a law passed by a politician
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administrative regulations
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created to carry out laws, these agencies are delegated some power by the government
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functions of the US legal system
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1. influence behavior
2. resolve disputes 3. maintain social values 4. method for social change
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Federal and State
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What are the 2 layers of our court system?
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three
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How many layers does the federal court system have?
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district courts, circuit courts, US supreme court
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What are the three layers of the federal court system?
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they serve for life
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How long are the terms for federal judges?
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the president
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Who nominates federal judges?
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Congress
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Who confirms the president's nominations of federal judges?
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a term, not life
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How long do state court judges serve?
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judicial immunity
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cannot sue judges for official acts
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FINA 2244: TEST 2