#1 Flashcards

1
Q

Standard created the first time a certain type of case makes it to court

A

Precedent

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2
Q

Latin for already been decided

A

Stare Decisis

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3
Q

First Principle of Law

A

Official authority creates law

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4
Q

Second Principle of Law

A

Authority can enforce laws

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5
Q

Third Principle of Law

A

Regularity in the law-precedent

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6
Q

First Positive Function of Law

A

Provide Order and Predictability in Society

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7
Q

Second Positive Function of Law

A

Resolving Disputes

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8
Q

Third Positive Function of Law

A

Protecting Individuals and Property

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9
Q

Fourth Positive Function of Law

A

Providing for the General Welfare

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10
Q

Fifth Positive Function of Law

A

Protecting Individual Liberties

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11
Q

Multiple Sources of Law

A

Constitution, Statutes, Rules/Regulations, and Executive Orders

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12
Q

What your rights are

A

Substantive

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13
Q

How rights are enforced

A

Procedural

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14
Q

Cases that always involves the government as a party

A

Public Law

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15
Q

Examples of public cases

A

Criminal, environmental, and tax laws

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16
Q

Cases where the government is not a party

A

Private Law

17
Q

Functions of the legal systems

A

Maintain order, physical safety, resolves disputes, provides common welfare, protect civil rights

18
Q

Civil Lawsuits

A

Litigation

19
Q

Have enough evidence to convict a person but the jury thinks conviction would be unfair

A

Nullification

20
Q

Chief Justice of the Supreme Court who can up with majority opinion

A

John Marshall

21
Q

Blank becomes precedent

A

Majority Opinion

22
Q

Agrees with precedent but for different reason

A

Concurring Opinion

23
Q

Determining if something is constitutional or not

A

Judicial Review

24
Q

To remove oneself from a case because of biased

25
Applying to appeal a case to the Supreme Court
Writ of Certiorari
26
Limitation on the Supreme Court
Case must be brought to them
27
Blank will assign someone to write the majority opinion
Chief Justice or most senior member in the Majority