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test 1
chapter 1
34
Law
Undergraduate 3
02/05/2009

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Term
law
Definition
a rule of civil conduct prescribed by the supreme power in a state, commanding what is right, and prohibiting what is wrong
Term
functions of law
Definition
to maintain stability in the social, political, and economic system through dispute resolution, protection of property, and the preservation of the state, while simultaneously permitting ordered change
Term
law and morals
Definition
are different but overlapping; law provides sanctions while morals do not
Term
Law and justice
Definition
are separate and distinct concepts; justic is the fair, equitable and impartial treatment of competing interests with due regard for the common good
Term
right
Definition
legal capacity to require another person to perform or refrain from performing an act
Term
duty
Definition
legal obligation requiring a person to perform or refrain from performing and act
Term
substantive law
Definition
the basic law creating rights and duties
Term
procedural law
Definition
rules for enforcing substantive law
Term
public law
Definition
the law dealing with the relationship between government and individuals
Term
private law
Definition
the law involving relatinships among individuals and legal entities
Term
civil law
Definition
the law dealing with the rights and duties of individuals among themselves
Term
criminal law
Definition
the law that involves offenses against the entire community
Term
sue
Definition
to begin a lawsuit in a court
Term
defendant
Definition
the person against whom a legal action is brought
Term
plaintiff
Definition
the person who initiats a civil suit
Term
prosecute
Definition
to bring a criminal proceeding
Term
constitution
Definition
fundamental law of a government establishing its powers and limitations
Term
judicial review
Definition
authority of the courts to determine the constitutionality of legislative and executive acts
Term
common law system
Definition
body of law originating in England and derived from judicial decisions
Term
adversary system
Definition
system in which opposing parties initiate and present their cases
Term
civil law system
Definition
body of law derived from Roman law and based upon comprehensive legislative enactments
Term
inquisitorial system
Definition
system in which the judiciary initiates, conducts, and decides cases
Term
stare decisis
Definition
principle that courts should apply rules decided in prior cases in deciding substantially similar cases
Term
equity
Definition
body of law based upon principles distinct from common law and providing remedies not available at law
Term
decree
Definition
decision of a court of equity
Term
specific performance
Definition
decree ordering a party to perform a contractual duty
Term
injunction
Definition
decree ordering a party to do or refrain from doing a specified act
Term
reformation
Definition
equitable remedy rewriting a contract to conform with the original intent of the contracting parties
Term
rescission
Definition
an equitable remedy invalidating a contract
Term
maxim
Definition
a general legal principle
Term
treaty
Definition
an agreement between or among independent nations
Term
executive order
Definition
legislation issued by the president or a governor
Term
administative law
Definition
law dealing with the establishment, duties, and power of agencies in the executive branch of government
Term
appellant
Definition
party who appeals
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