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Criminal Law
Law created by the legislature for the health, welfare, sfaety, and general good of the public.
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Naturalist Theory
Law created by the legislature for the health, welfare, sfaety, and general good of the public.
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Positivist Theory
Political belief that there should be a superior governmental entity that is not subject to question
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Sociological Theory
Principle that governments should adapt laws to reflect society's current needs and beliefs.
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Traditional Balance
Goal that the judiciary is to allow maximum personal freedom without detracting from the welfare of the general public.
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Modern Balance
Goal to blance the need to for consistancey and stability against the need for for a flexible and adaptive government.
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Legal Standard
Legal principle
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Statutory Law
Law created by a Legislature.
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Stare Decisis
"Let the decision stand"
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Precident
Existing legal standard
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Case Law
Aplication of Stare Decisis
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Common Law
Newly established legal principle
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Legislative Branch
Makes Laws
- Congress
- Senetors/Representatives
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Federal Court
Hears cases only consisting of the U.S. Government, federal laws, and Diversity of citizenship.
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State Court
Part of the Judicial Brach , hear cases involving state law.
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Trial Court
has the authority to hear evidence of parties and renders a verdict.
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Appellate Court
Reviews the action of the trial cort and determines weather a error has been commited.
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Legal Analysis
Reading cases and statutes and applies it to your case.
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Case Brief
- Issue- Legal Question?
- Rule- Find Statute adressing issue.
- Analysis- Apply the rule to the case.
- Conclution- Write your findings
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Statutes
Law put in place by Legislature
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Supremacy clause
Federal Law Trumps State law
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Senator
- 30 Years old
- 6 year term
- 9year citizen
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Representative
- 25 Years Old
- 7 year citizen
- 2 year term
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President
- 1. Sign Bills
- 2. Do nothing
- 3. Veto
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Lobbyist
someone who persuades congress to pass bills in their favor.
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Administrative Agencies
Office created by the Legislature and overseen by the executive branch, they apply certain specified laws created by the legislature.
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Enabling Act
Creates the Authority in the executive branch to organize and oversee an administrative agency by establishing specific goals and objectives.
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Delegation Doctrine
Congress may not assign it's autority to to create statutory law, and no other government entity may assume such authority.
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Administrative Regulation
A regulation that defines, clerifies, or enforces a statutory objective.
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Exhaustion of Administrative Remedies
Requires that anyone having a dispute with an administrative agencies must first follow all available procedures to resolve the dispute within the agencies.
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Civil Law
Law that governs the private rights of individuals, legal entities, and government.
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Compensatory Damages
Award of money payable to the injured party for the reasonable cost of the injuries.
Return them to the position they were before the aacident.
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Procedural Law
Law used to guide parties fairly and efficiently through the legal system.
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Substansive Law
Creates and resolves the issues between parties.
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Remedies
- 1. Compesatory- $ for damages only
- 2. Spacific Performance- someone compleat something
- 3.Exemplary/punitive- Punishment
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Complaint/Petiton
Paper that say who is sueing who
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Motion
Formal request by a party to a lawsuit for court-ordered action or nonaction.
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Relevant Evidence
tends to establish an essitial fact in the dispute.
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Material evidence
Evidence necessary to a fair and informed decision by the trier of fact.
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Voir Dire
Selection of the jury
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Jurisdiction
Power of a court to have authority over someone/something.
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Subject Matter Jurisdiction
Determine actual issue
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Original Jurisdiction
authority of thecourt to determine the rights and obligations of the parties in a lawsuit
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Personal jurisdiction
Authority of a Court to render and enforce rulings over a particular individual and individual's property.
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Long-arm Statute
Jurisdiction beyond court's geographical bounderies.
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in rem Jurisdiction
Authority of the court over a specific item of property regaurdless of who claims property or an interest in it.
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Removal
Defendant asks to remove from state court to federal Court
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Judges
Judicial officer who presides over cases in litigation within the court syst
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Admistrative law Judge
Confined to hearing cases involving the conduct of administrative agencies.
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Federal Judges
Apointed by the President
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Fiduciary
one who is in a position of trust by another with respect to rights, person, or property.
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Competence
Having an adequate knowledge, skill, and training to undertake specific legal representaion in a matter.
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Competence
Having an adequate knowledge, skill, and training to undertake specific legal representaion in a matter.
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Client Confidentiality
Obligation to retain all communications of any sort that occur within the attorny client relationship as private and privileged.
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Conflict of Interest
Either the appearance of or actual divided loyalty by one who is fiduciary
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Privilage
Someone you can speak freely with & know it wont be shared
- 1. Attorny/Client
- 2. Husband/Wife
- 3. Doctor/Patient
- 4. Priest/Perishoner
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