Shared Flashcard Set

Details

Exam 1
Chapters 1-5 and 10-14
11
Law
Undergraduate 1
06/25/2010

Additional Law Flashcards

 


 

Cards

Term

Primary sources of law:

Definition

Primary sources of law establish the law and include the following:

 

1)    US Constitution and the constitutions of various states

2)    Statutory law including laws passed by congress, state legislatures, and/or local governing bodies

3)    Regulations created by administrative agencies, such as the FDA

4)    Case law and common law doctrines.

Term

Secondary sources of law:

Definition

 

 

 

Books and articles that summarize and clarify the primary sources of law

Term

Common law system

Definition

 

 

Common law system is a body of general rules that apply throughout the entire English realm.

Term

civil law system

Definition

 

Civil law spells out the rights and the duties that exist between persons and between persons and their governments as well as the relief available when rights are violated.

Term

Equity:

Definition

 

 

 

Is a branch of law founded on what might be described as notions of justice and fair dealing that seeks to supply a remedy when no adequate remedy at law is available.

Term

Federalism:

Definition

 

 

Refers to the shared power between the federal government and the states.

 

Term

Stare decisis; precedent:

Definition

 

 

A Latin phrase “to stand on decided cases”. Under this doctrine judges are obligated to follow the precedents established within their jurisdictions.

Term

Case law:

Definition

 

 

 

The doctrines and principles announced in cases-governs all areas not covered by statutory law or administrative law and is part of our common law tradition.

Term

Criminal law

Definition

 

 

 

Criminal law is concerned with wrongs committed against the public as a whole.

Term

civil law

Definition

 

 

 

Civil law spells out the rights and the duties that exist between persons and between persons and their governments as well as the relief available when rights are violated.

 

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