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Primary source of law
- 1. Constitution
- 2. statuary law- passed by Congress, state legislature, or local governing body
- 3. Regulations by administration agencies
- 4.case law and common law
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Constitution Law
Law expressed in these constitutions
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Statutory law
Statutory passed by Congress or state legislature
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Ordinances
Passed by municipal or County Government dealing with land, safely or something local
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Uniform law
For states to consider adopting
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Uniform commercial code (UCC)
Facilitates commerce by providing uniform rules
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Administrative Law
Rules, orders and decisions from administrative agencies
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Administrative agencies
Is a federal, state, or local government agency established to preform a specific function
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Executive agency
Ex food and drug. Under authority of President
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Independent regulatory agencies
Ex federal trade commission.
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Case law
Doctrines and principles in cases that are not covered by Statutory or administrative law
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Common law
A body of general rules applied from the English realm
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Remedies/ remedies of law
The legal means to enforce a right. Land items of value or money
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Damages
an amount given to a party whose legal interest have been injured
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chancellor
Advisor to the king
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Defense
And argument raise by the defendant
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Defendant
Party being sued
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Plaintiff
the suing party
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Petitioner
the party bringing the lawsuit
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Respondent
The party being sued
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Statute of limitations
time periods For different cases
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Stare decisis
Common law that is judge made law
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Binding authority
Any source of what that a court must follow when deciding a case
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Precedent
An example or authority for deciding subsequent cases involving identical or similar legal principles or facts
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Case on point
Previously decided cases that are similar and possible to the one under consideration
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Syllogism
A logical relationship involving a major premise, a minor premise, and a conclusion
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Analogy
To compare the facts in the case at hand to the facts in the previous case
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natural law
A higher or universal law exist applies to all human beings And that written laws should imitate these inherit principles
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Legal positivism
that there can be no higher law the National positive
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Historical school
Thought emphasis on evolutionary process of law by concentrating on the origins and history of the legal system
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Legal realism
Based on the idea that law is just one of the many institutes and society that is shaped by social forces and needs
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Substantive law
Consist of all of that laws that describe regulate and create legal rights and obligations
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procedural law
Consist of all of that delinate the methods of enforcing the rights established by substantive law
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Civil law
Spells out the rights and duties that exist between persons and between persons and the government
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Criminal law
Is concerned with the wrong committed against the public whole
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Cyber law
Refers to the emerging body of law that governs transactions conducted via the Internet
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Citation
Identifies the publication in which it a legal authority such as statues or court decisions or other source can be found
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Appellatant
Party appealing the case
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Appellee
The party against whom the appeal is taken
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Opinions
Contains courts reasons for the decision, the rule of laws that apply, and the judgement
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