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Flashcards in Test 1 Deck (154)
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The sources of law are

U.s. Constitution
State constitutions
Statutory law
Regulations created by administrative agencies
Case and common law doctrines

1

What is statutory law

Laws passed by congress state legislatives or local governing bodies

2

What are breaches

Breaks or fails to perform the contract

3

Law provides

Stability
Predictability
Continuity

4

The law is

Enforceable governing relationships among individuals and between individuals and their society

5

What are secondary sources of law

Books and articles that summarize and clarify primary sources
I.e. Legal encyclopedias, treaties, articles in law reviews etc

6

Case law is

Judge made laws

7

What are damages

Amount given to a party whose legal interests have Been injured

8

The statute of limitations

Fixed time periods for different cases

9

A decision that furnished an example or authority for deciding subsequent cases involving similar legal principles

Precedent

10

Stare decisis

To stand on decided cases

11

What is a jurisdiction

Geographic area where courts have power to apply law

12

Any source of law a court must follow when deciding a case

Binding authority

13

Stare decisis makes law more

Efficient, stable, and predictable

14

When judges decide what law applies to a given dispute and then applies that law to the specific facts or circumstances

Legal reasoning

15

What is the Irac method

Issue
Rule of law
Application
What conclusion can be drawn

16

What is assualt

Act of wrongfully and intentionally making another person fearful of immediate physical harm

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If you see u.s. In front it's a federal court system

....

18

U.s. Circuit court
U.s. Court of appeal
U.s. Supreme Court

....

19

State trial court
Appellate courts
State Supreme Court

....

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Can anyone appeal

No
One can only appeal when there is a question of law
Can't bring in new facts

21

Criminal
Burden of proof
Remedy
Found wrong

Beyond a reasonable doubt
Penalties
Guilty

22

Civil
Burden of proof
Remedy
Found wrong

Preponderance of the evidence
Damaged
Liable

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Comparing facts in new case to that of old cases

Reasoning by analogy

24

Party appealing the case

Appellant

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Party against whom the appeal is taken

Appalled

26

When all judges agree

Unanimous opinion

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Opinion by majority of judges or justices

Majority opinion

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Judge or justices agree w majority but for diferrent reasons

Concurring opinion

29

Presents views of those who disagree w the majority decision

Dissenting opinion