important terms for test 1
Terms : Hide Images
| 81718738 | Dependancy Theory | Economically strong nations exploit the resources and labor of weaker nations through trade. | |
| 81718739 | What is Law? | A rule laid down and enforced by the government | |
| 81718740 | Code of Hammurabi | If any one brings an accusation against a man, and the accused leaps into the river, if he sinks in the river his accuser shall take possession of his house. Didn't always punish guilty, often harmed innocent | |
| 81718741 | Rule of Law | The general and equal application laws, even to lawmakers | |
| 81718742 | Public Property | public resources owned by the government like roads, public buildings | |
| 81718743 | Private Property | Resources you own as an individual | |
| 81718744 | Common Property | Resources like land that more than one individual owns jointly | |
| 81718745 | Ownership | If you own a piece of land you enjoy the right of property to it | |
| 81718746 | Contract Law | Enables an owner to exchange resources | |
| 81718747 | Tort Law | Compensates owners whose resources are wrongfully harmed by actions of others | |
| 81718748 | Criminal Law | Punishes those who harm an owner's resources in particular ways, for example by theft | |
| 81718749 | Common Law | emphasizes the role of judges in interpreting and applying the law | |
| 81718750 | Civil Law | relies more on legislation than judicial decisions, Civil law = Law dealing with private rights between people Examples include: Breach of contract, Medical malpractice, and Patent infringement | |
| 81718751 | Public Law | Matters involving regulation of society. Includes; constitutional law, administrative law, and criminal | |
| 81718752 | Private Laws | Matters arising between private citizens. Including property law, contract law, tort law | |
| 81718753 | Substantive Law | defines the legal relationship between people, business, and the state | |
| 81718754 | Procedural law | provides the rules that courts use when resolving disputes | |
| 81736828 | Statute or Act | Legislation adopted by congress or a state legislature | |
| 81736829 | Ordinances | Laws passed by local governments | |
| 81736830 | Uniformity of Legislation | Congress can pass a single federal law preempting all state regulations of the same subject-matter States can work together to pass uniform laws | |
| 81736831 | Universal Commercial Code (UCC) | deals with purchases and sales of personal property like goods. doesn't involve land/contracts | |
| 81736832 | Statutory Construction | Determining the intent of legislature when the statute was enacted | |
| 81792568 | Appellate Judges and Justices | Only look at questions of law Write legal opinions Gives most of the case law Hardly ever decide questions of fact Only if manifest error- something that would make it obvious it wasn't you, and the jury chose wrong Judicial appointments by president | |
| 81792569 | Petit Jurry | Trial jurry that issues a verdict in criminal trials after hearing evidence from both sides | |
| 81792570 | Grand Jurry | Determines whether the government has enough evidence to go forward with a criminal prosecution | |
| 81792571 | Attorney-client privilege | All confidential communications between an attorney and his/her client are privileged | |
| 81792572 | Writ of Certiorari | Procedure for requesting a second review, a petition for leave to appellate | |
| 81792573 | Judicial Review | Power to review the constitutionality of laws passed by the legislature | |
| 81792574 | Plaintiff | The party initiating the lawsuit | |
| 81792575 | Defendant | The party being sued | |
| 81792576 | Counterclaim | A different claim brought by the defendant against the plaintiff | |
| 81792577 | Counterplaintiff | The defendant who files a counterclaim | |
| 81792578 | Counterdefendant | The plaintiff who must defend itself against the counterclaim | |
| 81792579 | Third-party Defendant | Party brought into a lawsuit as an additional defendant by the original defendant | |
| 81792580 | Class Action | A lawsuit in which one or more plaintiffs file suit on both their own behalf and on behalf of all others who may have a similar claim | |
| 81792581 | Standing to Sue | The plaintiff must show that it has a legally protectable stake or interest in the dispute entitling it to bring the controversy before the court in order to obtain judicial relief | |
| 81792582 | Service of Summons | Notice to appear in court | |
| 81792583 | Service of process | delivery of court notice | |
| 81792584 | long arm statutes | provide service of process across state borders3 | |
| 81792585 | Requirements for bringing suit | Subject Matter Jurisdiction, standing to sue, and personal jurisdiction | |
| 81814923 | Complaint | Filed by the plaintiff initiating a lawsuit | |
| 81814924 | Answer | Filed by the defendant, admitting or denying each allegation May also include any counterclaims | |
| 81814925 | Discovery | The procedure by which each party obtains the information needed to prepare its case | |
| 81814926 | Interrogatories | Written questions which must be answered by the other party | |
| 81814927 | Request for production of documents | Written questions which must be answered by the other party | |
| 81814928 | Depositions | Oral questioning by an attorney of a witness who must answer under oath | |
| 81814929 | Requests for Admission | Written questions asking the other party to specifically admit or deny a certain fact | |
| 81814930 | Voir Dire | The preliminary examination of prospective jurors to determine their qualifications and suitability to serve on the jury | |
| 81814931 | Alternative Dispute Resolution | Procedures for settling disputes by means other than litigation | |
| 81814932 | Article 1 | establishes the Congress | |
| 81814933 | Article 2 | establishes the Executive branch | |
| 81814934 | Article 3 | establishes the Judiciary | |
| 81814935 | Full Faith and Credit Clause | Every state must honor all other states decisions Otherwise people might move and move to avoid court | |
| 81814936 | Defensive marriage act | States have to honor other states gay marriages. Part of full faith and credit clause | |
| 81814937 | Federalism | A system of government in which power is divided between a central, national government and various regional, state governments | |
| 81835176 | The Supremacy Clause (Article VI) | establishes that the Constitution, all federal statutes, and U.S. treaties are "the supreme law of the land" | |
| 81835177 | Establishment Clause | "Congress shall make no law ... respecting an establishment of religion" | |
| 81835178 | Free Exercise Clause | Free Exercise Clause - "Congress shall make no law ... prohibiting the free exercise" of religion | |
| 81835179 | The Second Amendment | "A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed" | |
| 81835180 | Due Process | The requirement that all legal proceedings be fair | |
| 81835181 | Procedural Due Process | One must be given notice of the proceedings and an opportunity to be heard before the government acts to take away one's life, liberty, or property | |
| 81835182 | Commerce Clause | "Congress shall have the Power ... to regulate Commerce with foreign Nations, and among the several States" | |
| 81835183 | Dormant Commerce Clause | = States may not pass laws or regulations which could affect interstate commerce |
