CH.1 Flashcards

(14 cards)

1
Q

Right

A

being able to perform an act requiring the aid of the law

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2
Q

Duty

A

Law requires someone to do or not do something

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3
Q

Substantive Law

A

Governs how others should behave towards others under the law

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4
Q

Procedural Law

A

Contains the rules of the courts

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5
Q

Public Law

A

Governs the relation between legal persons and a government.
Ex. between institutions, or different branches of government

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6
Q

Private Law

A

Laws governing the relationship between individuals and legal entities
Ex. corporations

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7
Q

Civil Law

A

Governs the relation between people and sometimes the government

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8
Q

Plaintiff

A

Injured party

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9
Q

Defendant

A

Accused party

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10
Q

Civil Law (common Law)

A

Represented by lawyers, all non-criminal law, usually resolving disputes between private citizens
Ex. contracts, family, property

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11
Q

Criminal Law

A

Anything that the government has decided is illegal

Ex. homicide, burglary, kidnapping

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12
Q

Burdens of proof

A

Proving to the jury that your statements are correct

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13
Q

Precedent

A

Relying on a rule established in a previous case to guide a new happening case
Courts that create it: supreme and appellate

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14
Q

Stare Decisis

A

Letting the decision stand

“If a higher court has covered the issue, then it is required to follow that rule.”

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