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Authority that explains the law but does not
itself establish it, such as a treatise, annotation, or law-review article.
Secondary Authority
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Authority that issues directly from a law-making
body; legislation and the reports of litigated cases.
Primary Authority
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A law passed by a legislative body; any positive
enactment to which the state gives force of a law is a ‘statute.’
Statute
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1.
The fundamental and organic law of a nation or
state, establish the conception, character, and organization of its government,
as well as prescribing the extent of its sovereign power and the manner of its
exercise.
Constitution
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The collection of reported cases tht form the
body of law within a given jurisdiction.
Case Law
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The lower chamber of the U.S. Congress, compsed
of 435 members – apportioned among the states on the basis of population – who
are elected to two-year terms. The lower house of a state legislature. Often
shortened to house.
House of Representatives
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The upper chamber of a bicameral legislature.
The upper house of the U.S. Congress, composed of 100members two from each
state – who are elected to 6 year terms.
Senate
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A formal meeting of delegates or representatives. The legislative body of the federal government,
created under U.S. Const. art. I § 1 and consisting of the Senate and the House
of Representatives.
Congress
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are issued under
authority delegated to the agency by a federal statute or by authority of a
Presidential Executive Order.
Administrative Regulations
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(1) the power given to a court by a constitution
or legislative body to make legally biding decisions over certain persons,
property, or subject matter, or (2) the geographical area in which a court’s
decisions or legislative enactments are binding.
Jurisdiction
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A court’s power to hear and decide a matter
before any other court can review the matter.
Original Jurisdiction
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The power of a court to review and revise a
lower court’s decision.
Appellate Jurisdiction
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The party who brings a civil suit in a court of law
Plaintiff
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The branch of government charged with
administering and carrying out the law.
Executive Branch
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The branch of government consisting of the courts, whose function is to
interpret, apply and generally administer and enforce the laws.
Judicial Branch
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The branch of government responsible for enacting laws.
Legislative Branch
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(of a legislative body) Having two branches or chambers
Bicameral
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The finding and assembling of authorities that bear on a question of
law. 2. The field of study concerned with the effective marshaling of
authorities that bear on a question of law.
Legal Research
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are authoritative
statements of legal rules by governmental bodies. They include opinions of
courts, constitutions, legislation, administrative regulations and opinions,
and rules of court.
Primary Sources
-
are materials about the law that are used
to explain, interpret, develop, locate or update primary sources. The major
types of secondary sources are treatises, Restatements, Looseleaf services. . .
law reviews and other legal periodicals, legal encyclopedias, American Law
Reports (A.L.R.) Annotations, and legal dictionaries.
Secondary Sources
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A system of law promulgated and implemented within a particular
political community by political superiors, as distinct from moral law or law
existing in an ideal community law typically consists of enacted law – the codes, statutes, and regulations that
are applied and enforced in the courts.
Positive Law
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is a statutory law that
deals with the legal relationship between people or the people and the state.
Therefore, substantive law defines the rights and duties of the people, but
procedural law lays down the rules with the help of which they are enforced.
The differences between the two need to be studied in greater detail, for
better understanding.
Substantive Law
-
comprises the set of rules
that govern the proceedings of the court in criminal lawsuits as well as civil
and administrative proceedings. The court needs to conform to the standards
setup by procedural law, while during the proceedings. These rules ensure fair
practice and consistency in the "due process".
Procedural Law
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Preceding in time or order, 2. A decided case that furnishes a basis for determining later
cases involving similar facts or issues.
Precedent
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The doctrine of precedent, under which it is
necessary for a court to follow earlier judicial decisions when the same points
arise again in litigation.
Stare decisis
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("statutory law") is law, which
has been promulgated (or "enacted") by a legislature or other
governing body, or the process of making it.
Legislation
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