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NALA Manual Review
CLA Exam Prep
25
Law
Professional
04/21/2012

Additional Law Flashcards

 


 

Cards

Term
LAW:
Definition
  • the principles and regulations emanating from a government and applicable to a people,whetherin the form of
  • legislations emanating from a government and applicable to the peole, whether in form of legislatuture or of custome and
  • policies recognized and enforced by judicial decision.
Term
Stare Decists:  
Definition
  1.   latin term for standing by the decision.
  2. The doctorine that judicial decisions stand as precedents for casesa rising in the future.
  3. It if a fundamental policy of our law that except in unusual circumstances,
  4. a court's determination on a point of law will be followed by courts of the same or lower rank in later case presenting the same legal issue, even though different parties are involved and many years have elapsed the courts follow the reasoning and decisions of earlier courts when presented with similar fact situation unless a clear, convincing reason exists to depart from the exstablished
Term
OBITER DICTUM:
Definition

 the judge may go on to speculate about what his decision would or might have been if the facts of the

case had been different.

Term
RATIO DICIDENDI: 
Definition

the ratio decidendi of a case is the principle of law on which a decision is based. When a judge

delivers judgement in a case he outlines the facts which he finds have been proved on the evidence. Then he applies the

law to thouse facts and arrives at a decision, for which he gives the reason

Term
ordinance:
Definition

is generally used when a city of town council pass a local law; a law of a municipal corporation; a local law

enacted by a city council, town council, board of supervisor or the like, The rule established by authority. Ordinances my

not conflict with state or federal law. An ordinance that is inconsistent with a higher law may be invalidated by a court.

States limit the power of cities to punish for ordinance violations, and most city court trials are to the bench not to a jury

Term
regulation:
Definition
a rule having the force of law, promulgated by an administrative agency.
Term
rules of court(court rules):
Definition
rules promulgaged by the court, governing procedure or practice before
it.
Term
writ of certiorari-
Definition

order to the lower court to send the Supreme Court the record of the case for review which may or may

not be granted by the high court

Term
inferior courts:
Definition
federal specialized courts that have jurisdiction limited to a specialized subject area
eg.  Court of International Trade, United States Claims Court, and United States Tax Court
Term
arbitration:
Definition

as a resolution of a dispute by a person other than a judge whose decision is binding. The arbitration may be

binding or nonbinding dependikng on prior agreement of parties.

Term
settle try analysis:
Definition

asking questions designed to get parties thinking about probable results of delegating the problem

solving to the judge or strangers or the jury. Brain storming and other option-generating techniques may be employed, both

caucus and plenary session

Term
Common Law: (case law)
Definition
law found in decisions of the courts rather than in statutes; judge made law
Term
res judicata: [Latin, A thing adjudged.]
Definition

A rule that a final judgment on the merits by a court having jurisdiction is conclusive

between the parties to a suit as to all matters that were litigated or that could have been litigated in that suit.

Term
Constitution Law:
Definition

particulary United States Constitution and Bill of Rights has a major impact on our legal system and our

society as a whole. The United States Constitution is the foundation of American Law and no laws may be passed or

enforced if they are in conflict with the Constitution.

Term
statutory law:
Definition

is responsible for creation of law. legislative possesses the authority to modify, abolish or adopt the common

law, in whole or in part. Limits on the legislative branch are found in the bill of rights.

Term
precedent:
Definition

prior decision of the same court, or a higher court, which a judge must follow in deciding in subsequent case

presenting similar facts and the same legal problem, even though different parties are involved and many years have

elapsed

Term
substantative law:
Definition

includes law that regulates, define and establish legal rights and obligations
e. contracts, torts, criminal law, corporations, limited liability companies, real property, administrative, trusts and wills and

constitutional law

Term
procedural law:
Definition

establishes the method of enforcing the substantive laws. eg. the areas of procedural law are federal and

state rules of evidence, rules of civil procedure, and rules of criminal procedure.

Term
public law:
Definition

is best described as the relationships between persons and their government. eg. constitutional law, administrative

law and criminal law describe the relationship between government and the people

Term
private law:
Definition

describes relationship between people eg. a breach of contract, a tort, wills and trusts, and corporate law are

all examples of private law since they effect person to person.

Term
civil law:
Definition
law that exists between persons or between citizens and their government.
Term
criminal law:
Definition
involves wrong against the public as a whole.
Term
Remedy: 
Definition
is the means by which a right is enforces or satisfaction is gained for a harm done.
Term
equitable remedy:
Definition
such as an order for a person to perform an obligation under a contract.
Term
equitable maximiums:
Definition

he who seeks equity must do equity. equity must follow th law, he who comes into equity come into

clean hands. are both substantive and procedural; courts use maxims in one or tw ways enabling or restrictive; enabling

pertain to the subject of equitable jurisdiciton and the granting of relief: restrictive causes the court to deny relief; while

courts do refer to specific maxims as often as courts in the past.; but the equitable maximms help in analysis of issues and

in predictiing the outcome of a case. common equitable maxims he who seeks equity must do equity; equity will not

enforce and unconscionable contract; he who comes into equity must come with clean  hands; equity is not an avenger at

large; equity aids the vigilant, not those who slumber on their rights; equity acts in personam; equity follow the law; equity

delights to justice and not by halves, equity will not suffer wrong to be without a remedy; equity regards that done which

ought to be done; Equity regards substance rather than form; Equity imputes an intent to fulfill and obligation; Equality is

equity; betwen is equal equities the law will prevail; betwen equal equities the first in order of time prevail; equity adbhors a

forteitue; Equity will not aid volunteer. thirteen pricipal equitable maximiums which will be considered in order. ****Need a

better definition still unclear have read 23 supplement if clearer after than

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