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consists of enforceable rules governing relationships among individuals and between individuals and their society |
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breaks or fails to perform |
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sources that establish the law |
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sources such as:
U.S. constitution, statues of laws, regulations created by administrative agencies, court decisions |
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books and articles that summarize and clarify the primary sources of law |
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secondary sources
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legal encyclopedias, compilations, official comments to statues, treaties, articles in law published by law schools, articles in legal journals |
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the law as expressed in constitutions |
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laws enacted by legislative bodies at any level of government, such as statues passed by congress or by state legislature |
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reference to a publication in which a legal authority - such as a statute or a court decision - or other source can be found |
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statues passed by municipal or county governing units to govern matters not covered by federal or state law |
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a model law created for the states to consider adopting |
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consists of the rules, orders, and decisions of administrative agencies |
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a federal, state or local government agency established to perform a specific function |
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specifies the name, composition, purpose, and powers of the agency being created |
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the administration of law by administrative agencies |
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formulating new regulations |
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also known as substantive rules, are legally binding on all business |
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one who presides over an administrative agency hearing and has the power to administer oaths, take testimony, rule on questions of evidence, and make determinations of fact. |
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the doctrines and principles announced in cases, governs all areas not covered by statutory law or administrative law |
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a body of general rules that applied throughout the entire English realm |
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a court decision that furnished an example or authority for deciding subsequent cases involving identical or similar legal principles or facts |
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to stand on decided cases |
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an source of law that a court must follow when deciding a case |
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any legal authority or source of law that a court may look to for guidance but on which it need not rely on making its decision. |
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means given to a party to enforce a right or to compensate for the violation of a right |
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places in which compensation in terms of money or property as a result of wronging another person |
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compensation of money or property |
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seeks to supply a remedy when no adequate remedy at law is available |
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advisory to a king, had the power to grant new and unique remedies |
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formal chancery courts to decide unique remedies |
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remedies granted by chancery courts |
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the person against whom a lawsuit is brought |
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an order to perform what was promised |
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directing a party to do or refrain from doing a particular act |
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equitable principles and maxims |
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provide guidance in deciding whether plaintiffs should be granted equitable reliefs, have to do with fairness |
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law that defines, describes, regulates, and creates legal rights and obligations |
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law that establishes the methods of enforcing the rights established by substantive law |
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a federal or state statute setting maximum time period during which a certain action can be brought or certain rights enforced |
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all laws governing electronic communications and transactions, particularly those conducted via the internet |
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spells out the rights and duties that exist between persons and between persons and their governments, as well as the relief available when a person's right are violated |
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has to do with wrongs committed against society for which society demands redress |
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law of a particular nation |
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law that governs relations among nations |
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federal form of government |
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a system of government in which the states form a union and the sovereign power is divided between the central government and the member states |
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the provision in the U.S. constitution that gives congress the power to regulate interstate commerce |
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powers possessed by the states as part of their inherent sovereignty, these may be exercised to protect or promote the public order, health, safety, morals, and general welfare. |
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requirement in the constitution that provides that the U.S. constitution, laws, and treaties are "the supreme law of the Land" |
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a doctrine under which certain federal laws preempt, or take precedence over, conflicting state or local laws |
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guarantees the freedoms of religion, speech, and the press and the rights to assemble peaceably and to petition the government |
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guarantees the right to keep and bear arms |
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prohibits, in peacetime, the lodging of soldiers in any house without the owner's consent |
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prohibits unreasonable searches and seizures of persons or property |
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guarantees the rights to indictment by grand jury, to due process of law, and to fair payment when private property is taken for public use. prohibits self-incrimination and double jeopardy
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guarantees the accused in a criminal case the right to a speedy and public trial by an impartial jury and with counsel |
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guarantees the right to a trial by jury in a civil case involving at least twenty dollars |
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prohibits excessive bail and fines, as well as cruel and unusual punishment |
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establishes that the people have rights in addition to those specified in the constitution |
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establishes that those powers neither delegated to the federal government nor denied to the states are reserved for the states |
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gestures, movements, articles of clothing, and other forms of expressive conduct |
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which consists of communications made by business firms that involve only their commercial interests |
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a key word in a document that can serve as an index reference to the document |
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a computer program that is designed to block access to certain Web sites, based on their content |
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the provision in the first amendment to the constitution that prohibits the government from establishing any state-sponsored religion or enacting any law that promotes religion or favors one religion over another |
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the provision in the first amendment to the constitution that prohibits the government from interfering with people's religious practices of forms of worship |
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guarantees that no person shall be deprived of life, liberty, or property without due process of law |
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no state will deny to any person within its jurisdiction the equal protection of the laws, similarly situated individuals must be treated in similar manner. |
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Freedom of Information Act |
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provides that individuals have a right to obtain access to information about them collected in government files |
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Family and Educational Rights and Privacy Act |
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Limits access to computer-stored records of education-related evaluations and grades in private and public colleges and universities |
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protects the privacy of individuals about whom the federal government has information |
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Preserves the privacy of personal financial information |
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Right to Financial Privacy Act |
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Prohibits financial institutions from providing the federal government with access to a customer's records unless the customer authorizes the disclosure |
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Electronic Communications Privacy Act |
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Prohibits the interception of information communicated by electronic means |
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Driver's Privacy Protection Act |
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prevents states from disclosing or selling a driver's personal information without the driver's consent |
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Health Insurance Portability and Accountability Act |
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Prohibits the use of a consumer's medical information for any purpose other than that for which the information was provided, unless the consumer expressly consents to the use |
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Financial Services Modernization Act |
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Prohibits the disclosure of nonpublic personal information about a consumer to an unaffiliated third party unless strict disclosure and opt-out requirements are met
(also known as Gramm-Leach-Bliley Act) |
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