Term
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Definition
1 of 2 basic legal systems (Civil & Common) that relies on scholarly interpretations of codes & constitutions rather than court interpretations of prior court descisions, as in Common law. |
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Term
Doctrine of stare decisis |
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Definition
'to stand by things decided' - a method of case resolution in which courts follow earlier court decisions when the same issues arise. |
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Term
Describe the civil-law and common-law systems. |
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Definition
A civil-law system has a comprehensive code of written laws or statues. A common-law system is a body of law derived from court decisions as opposed to statues or constitutions. |
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Term
Explain how the common law changes. |
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Definition
Common law changes through court examination of precedent. A court may apply a precedent to new cases or discard it if it has lost its usefulness, or may make landmark decisions that depart from precedent. |
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Term
Distinguish between civil and criminal law. |
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Definition
Criminal law applies to acts society deems so harmful to the public welfare that government is responsible for prosecuting and punishing the perpetrators. Civil law applies to legal matters that are not governed by criminal law, protecting rights and providing remedies for breaches of duties owed to others. |
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Term
Describe the civil-law and common-law systems. |
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Definition
A civil-law system has a comprehensive code of written laws or statues. A common-law system is a body of law derived from court decisions as opposed to statues or constitutions. |
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Term
Explain how the common law changes. |
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Definition
Common law changes through court examination of precedent. A court may apply a precedent to new cases or discard it if it has lost its usefulness, or may make landmark decisions that depart from precedent. |
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Term
Distinguish between civil and criminal law. |
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Definition
Criminal law applies to acts society deems so harmful to the public welfare that government is responsible for prosecuting and punishing the perpetrators. Civil law applies to legal matters that are not governed by criminal law, protecting rights and providing remedies for breaches of duties owed to others. |
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