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POLS 3145 Exam 1
first quarter of class
23
Political Studies
Undergraduate 3
02/22/2010

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Cards

Term
procedural law
Definition
The type of law that mandates the methods and means of enforcing legal rights
Term
appellee
Definition
The party in a lawsuit against whom an appeal has been taken
Term
consideration
Definition
The part of a contract that is an inducement to enter into the agreement
Term
due process
Definition
rights assuring fundamental fairness and protection from arbitrary or unjust governmental action
Term
defendant
Definition
a person or organization against whom an action is brought
Term
injunction
Definition
an order by the court prohibiting the action of the defendant
Term
tort
Definition
any wrongful act, not involving a breach of an agreement, for which civil action may be maintained
Term
plaintiff
Definition
a person who initiates a lawsuit
Term
substantive law
Definition
the type of law that creates, defines and regulates rights
Term
contract
Definition
a promissory agreement between tow or more parties that creates, modifies, or destroys a legal obligation.
Term
historical jurispurdence
Definition
law is only valid to the extent that the will of the sovereign is compatible with long-standing social practices, customs, and values.
Term
private law
Definition
property, family, tort, probate and corporate
Term
public law
Definition
constitutional, criminal, administrative
Term
Civil suit
Definition
disputes bewteen private individuals involving iether breach of an agreement or buty imposed by law; all legal actions aside from criminal prosecution
Term
criminal action
Definition
either treason, felony or misdemeanor
Term
3 parts of a contract
Definition
offer, acceptance and consideration
Term
offer
Definition
communication of a promise with a statement of what is expected in return
Term
acceptance
Definition
agreement of the offeree to be bound by the terms of the offer
Term
consideration
Definition
the inducement each party has to enter into an agreement
Term
police power
Definition
state's right as a sovereign government to enact law to protect the public's health, welfare, safety and morals
Term
compensatory damages
Definition
money awarded the plaintiffs to compensate them for losses they sustained
Term
punitive damages
Definition
money awarded to the plaintiff to punish the offender
Term
analytical positivism
Definition
law as a self-sufficient system of legal rules that the sovereign issues as commands to the governed.
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