Shared Flashcard Set

Details

LAS 101
Key terms for Midterm
20
Law
Professional
06/09/2011

Additional Law Flashcards

 


 

Cards

Term
Positive Law
Definition
Law written, defined and enforced by government
Term
Writ
Definition
Judicial order to do or not to something
Term
Police Power
Definition
To legislate for the health, safety, and welfare or citizens
Term
Natural Law
Definition
Moral Code, idea that human conduct is ordained by God. Exisited and is superior to Positive Law
Term
Habeas Corpus
Definition
Court of law requires a person to show just cause for holding another person in custody
Term
Federalism
Definition
Constitutional delegation of powers to both the Federal and the State governments
Term
Stare Decises
Definition
Precedents can be used to help decide ruling in similar cases
Term
Rule of Law
Definition
Rule that law, not individual discretion, should govern
Term
Due Process of Law
Definition
Substantive and Procedural rights to individuals, prohibiting the denial of life, liberty, or property
Term
English Common Law
Definition
System of rules developed by English judges. That basis for the American Legal System
Term
Original Justisdiction
Definition
Jurisdiction of a lower court to take the case in the first. The first court to head a particular case has original jurisdiction (ex: Trial courts, District courts)
Term
Standing
Definition
The person filing a complaint must have a stake, or something to benefit in the outcome, not just interest
Term
Enumerated Powers
Definition
Powers given to Congress outlined in the Constitution
Term
Impeachment
Definition
Legislative act that, if granted, may remove a public official from office
Term
Writ of Certiorari
Definition
Order form higher court to lower court to send case information for appelate review. One way for a case to reach the U.S. Supreme Court
Term
Concurrent Jurisdiction
Definition
Jurisdiction is shared by different courts of law
Term
Diversity of Citizenship Jurisdiction
Definition
For civil cases not concerning a Federal questions where the parties are from different states and it involves more than $75,000
Term
Implied Powers
Definition
Powers 'deemed' necessary and proper that are not exactly listed in the U.S. constitution
Term
Case of Controversy
Definition
A Case may not be just a hypothetical, a real issue must exist
Term
Writ of Mandamus
Definition
Order requiring a judge or public official to do something
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