Chapter 1 Law Flashcards Preview

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Flashcards in Chapter 1 Law Deck (38):
1

Case Law Definition

What the courts have agreed upon

2

Administrative Laws

Regulations

3

Sources of Law Definition

Where law comes from

4

Primary Source of Law

Constitutions, statutes and regulations

5

Dissenting Opinion

Someone who disagrees with the majority opinion

6

Summary Judgement

A court ordered ruling where all causes of action can be decided upon certain facts without a trial

7

What are the 2 basis on which courts grant remedy

Money
Injunction

8

Trial Court

Where evidence is presented and testimony given

9

What are two other names for case law?

Common Law
Judicial Law

10

United States Code

Compilation of all the laws and books for the federal government

11

Plantiff

Is a person who sues

12

Defendant

Person being sued

13

In the U.S what kind of governments use a Constitution?

Federal
State

14

Federal Register

Rules and regulations that are published daily for federal agencies

15

Manga Carta

split in power (King does not have all power anymore)

16

Constitution Definition

A governing document

17

What is an example of a precedent?

Ruled in 1800 that the owner of the horse and bugee was responsible

18

Citation

Reference to a law or a case

19

What are the 2 origins of law?

Religious Tradition
England and U.K.

20

In the U.S what kind of governments use common law?

Federal
State

21

Deposition

The process of giving sworn evidence

22

What is an example of stare decisis

In 2000 the court ruled the driver who hit the person with the car was responsible
- used the ruling in the 1800 horse and bugee case to make decision

23

What are two aspects of stare decisis?

Always follows the precedent and will never overturn a decision
- decisions made by a higher court has authority over lower court

24

Concurring Opinion

Agreeing with majority opinion but not the legal reasoning behind it

25

In the U.S what kind of governments uses statutes?

Federal
State
Local

26

Binding Authority

Any source of law must follow a deciding case (precedent)

27

Persuasive Authority

Any source of law that a court can look to for guidance but is not mandatory to use it in a decision

28

Secondary Sources of Law

Summarize and clarify the primary sources of law

29

What are the 2 types of courts where you will find case law?

Federal
State

30

1800 someone gets hit by a horse and buggy, the ruling is that the person hit wins the case for a traffic violation

In 2000 someone gets hit by car and the ruling remains the same that the person hit by the car wins.

What is the binding authority in this situation?

The binding authority in this situation is the case in the 1800s

31

What are the 2 types of state courts?

Trial court
Appellate court

32

What is an example of cross claims?

Niagara suing Calspan
Calspan suing Zodiac

33

Tort-feasor

Someone who commits a wrong doing

34

What are the 4 sources of Law?

Constitution
Statutes
Case Law
Administrative Law

35

Precedent

Very first law that is made

36

Statutes Definition

Laws

37

Cross Claims

A claim brought by one defendant against another defendant in the same case

38

Stare Decisis

The process of following precedents

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