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24 Cards in this Set

  • Front
  • Back
Substantive Law
Sets out the rights and duties governing people as they act in society
Procedural Law
rules under which the substantive rules of law are enforced
Criminal Law
breaches of duty to society at large
Civil Law
private duties owed by one person to another are established
Checks and Balances
between the powers of the states and those of the federal government
Commerce Clause
permits congress to regulate interstate and forign commerce
Due process
a constitutional right that is either procedural or substantive
Federalism
the US is composed of 51 different legal systems
Ordinance
a legislative enactment of country or an incorporated city or town
Common Law
courts called upon to resolve disputes for which there is no staute or other sources of law establishing a rule. (court created law)
Judical Review
judge may render a legal rule unenforceable by declaring it in conflict with a consistitution
Legal reasoning
useful tool for understanding and persuading
Legal interpretation
courts determine law through a process: plain meaning, legislative history, purpose, and public policy
Ex post facto laws
new statute applies only to actions taken after it becomes effective
Overrule
highest aaples court in jurisdiction can
Distinguish
finding differences in facts between the current case and the precedent cases
Legal Positivism
harsh results by refusing to recognize equitable exceptions, it provides great sense of predictability to the enforcement of legal rules
Natural law
thinks recognize a higher set of rules that override the legitmacy of laws promulgated by political institutions
Sociological jurisprudence
each case and legal decision is viewed as a piece of a much bigger and more important puzzle
Legal realism
focuses on law in action, stresses that law must be considered in light of its day to day application
Adversary systerm
premised on the notion that the ultimate truth and, consequently, justice will prevail if party to legal dispute is represented by competend legal counsel
Attorney-client privilege
prevents an attorney from divulging confidential information communicated to the lawyer by a client
Malpractice
lawyers not responsible for if client loses
Preventive law
to arrange business plans and methods to increase profits