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Flashcards in Chapter 1 Deck (12):
1

What is law?

All the rules of conduct established by the authority or custom of a nation. A system of rules that govern society .

2

What is common law?

Judge-made law; precedent; discovered law

3

In common law, a court may do three things. What are they?

1. Modify the precedent
2. Distinguish the precedent
3. Overrule the precedent

4

What is the law of equity?

○ Judge-made law focused on outcomes that are fair or equitable
○ Judge has more flexibility, and the judge can take preventative measures, like prior restraint

5

What is statutory law?

1) Law made by legislative bodies.
2) Deal with broad issues

6

What is administrative law?

Rules, regulations and guidelines promulgated by duly established administrative agencies

7

What is constitutional law?

○ The constitutions of the 50 states, the territories, local charters and the U.S. Constitution
○ People who have reference for the Constitution believe in higher law. Everyone believes in a higher law. For instance: people of faith believe in God, or, people who don't have faith still believe in right and wrong

8

What is international law?

Treaties and other covenants

9

What are the rights of the Bill of Rights?

Freedom of speech, press, religion, assembly, petition

10

What are the values of the Bill of Rights?

• It protects an extension of the thought process
• It adds stability to society
• It allows fuller participation in government
•It encourages the search for truth and knowledge

11

What happened after the American Revolution?

The Articles of Confederation were adopted.

12

What does the most powerful common law principle Stare Decisis mean?

Once established, a legal decision should not be easily changed.