Term
Pervasive
Prohibitory
Mandatory
Permissive |
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Definition
-The law is ___, it interacts with and influences us politically, economically, and socially.
-The law can be ___, it tells us what we cannot do.
-The law can be ____, it tells us what we must do.
-The law can be ___, it tells us what we're allowed to do. |
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Term
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Definition
| The primary function of the law is to maintain ___ in the social, political, and economic system, while at the same time permitting ____ to occur. |
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Term
Dispute resolution
Protection of property
Preservation of the state |
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Definition
The three ways that law maintains stability while permitting change to occur:
1. _____=this provides a mechanism to resolve disagreements between private citizens (civil) or disagreements between citizens and the state (criminal). Societal remedies have replaced private remedies.
2. _____=private ownership of property is a fundamental right in the US, and our economic system is founded upon that recognition.
3.____=In the US, the law ensures orderly changes in our leadership |
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Term
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Definition
| _____ are how our laws are enforced |
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Term
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Definition
| ____ are the means by which the law enforces decisions of the courts. These are what give the law teeth. |
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Term
Civil
Contempt Proceedings
Criminal |
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Definition
3 types of sanctions:
1. ___sanctions=when a party goes to court and obtains a money judgment against the other party, that judgment can be enforced through execution, garnishment, and judicial sale of the judgment debtor's property or asset.
2. _____=A party who fails to obey a court's rulings can be subjected to Civil and/or Criminal contempt. With civil contempt, the court can impose monetary fines. Continued failure to obey a court's rulings can subject a party to Criminal contempt, or being put in jail.
3.___sanctions=government can sanction people who fail to obey its criminal laws. The most common forms are fines, imprisonment, and capital punishment. |
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Term
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Definition
| Without the ____, there can be no ____. |
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Term
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Definition
| ____= the fair, equitable, and impartial treatment of competing interests and desires of individuals and groups with due regard for the common good. |
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Term
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Definition
| Example of where unjust laws have at times governed and permitted terrible wrongs to be committed. |
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Term
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Definition
| A ____ is the capacity a person has, with the aid of the law, to require another person to perform an act, or refrain from performing it. |
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Term
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Definition
| A ____ is the obligation the law imposes upon a person to perform, or to refrain from performing an act. |
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Term
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Definition
| For every ___ that one has, there is a corresponding ___ imposed. |
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Term
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Definition
| ____ law creates, defines, and regulates legal rights and duties. Areas of this law include: contracts, torts, agency, corporations, & partnerships. |
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Term
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Definition
| _____ law establishes the rules for enforcing those rights, and the prodcedural rules are created according to substantive law. |
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Term
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Definition
____ law is the branch of substantive law that deals with the government's rights and powers in its political or sovereign capacity and in its relation to individuals or groups.
____ law is that part of substantive law governing individuals and legal entities and their relations with each other. EX: contracts, torts, and property. |
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Term
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Definition
____ law defines duties, the violation of which constitutes a wrong against the party injured by the violation.
____ law establishes duties, the violation of which is a wrong against the whole community, or society. |
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Term
punish a wrongdoer
compensate the injured party |
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Definition
| The primary objective of criminal law is to ____; while the primary purpose behind civil laws is to ____. |
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Term
| compensatory damage awards |
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Definition
| ______ are the best way our legal system knows how to make an injured person whole. |
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Term
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Definition
| In a ____, or lawsuit, the injured party brings suit to recover compensation for the damages or injury caused by a defendant's wrongful conduct. |
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Term
plaintiff
the burden of proof |
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Definition
| The party bringing the lawsuit is known as the ____, and has _____ |
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Term
| preponderance of the evidence |
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Definition
| The plaintiff must prove all of the essential elements of his/her claim by a ________ |
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Term
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Definition
| The person against whom a civil suit is brought is the ___-the person who has committed a wrong against the plaintiff |
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Term
criminal
beyond a reasonable doubt |
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Definition
| In a _____ case, the government prosecutes the action against the defendant and seeks to punish the defendant for doing or failing to do an act which public law prohibits. In this lawsuit, the government is the plaintiff and must prove the essential elements of its case _____. |
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Term
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Definition
| Constitution provides that federal statutes shall be the supreme law of the land, meaning that ___ legislation and treaties are paramount over ___ constitutions and treaties. |
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Term
constitutions
political relationships |
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Definition
| _____ are the fundamental law of a particular level of government, they establish the governmental structure and allocate power among the different levels of government. In other words, these define ____ |
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Term
| principle of judicial review |
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Definition
| Under the ______, the US Supreme Court determines the constitutionality of all laws. |
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Term
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Definition
| In the federal courts and in almost all the states, the legal system is a _______ system. |
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Term
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Definition
| The common law system is an adversary system, meaning that the ____, and not the court, are responsible for initiating and conducting litigation. |
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Term
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Definition
| Our legal system relies on the ____ as a source of law. |
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Term
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Definition
| The exception in the U.S. to our common law system is ____. They have a ____ law system, based on a comprehensive body of legislative enactments called codes and it utilizes an inquisitorial method of adjudicating disputes. |
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Term
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Definition
| Under the ____ system, the judiciary takes the lead role in initiating litigation, investing facts and conducts presentation of evidence. |
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Term
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Definition
| ____ law is "case law" that has been developed over the years. It doesnt stand still. It has evolved over time. |
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Term
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Definition
| ____=courts can change their rulings based on the circumstances surrounding the case immediately before it. Courts don't always have to follow this. |
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Term
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Definition
| Civil cases are proper in courts of ____ only where the plaintiff has no adequate remedy at law. (An award of money damages won't make the plaintiff whole). |
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Term
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Definition
| MS has a system of _____ courts, whereas most other states have a unified trial court system |
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Term
Circuit Courts
Chancery Courts |
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Definition
In MS, the courts of law-where money damages are awarded- are called ___.
The courts of equity in MS-where decrees are rendered- are called____. These courts hear specific cases such as divorces and estates. |
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Term
Legislation
gradual
prior decisions
social concerns |
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Definition
_____ is the primary source of new law and ordered social change in the U.S. 3 Reasons for this:
1.Changes in common law is a more ___ process
2. courts have always been hesitant to overrule ____
3. Legislatures are better equipped to adapt to constantly changing _____. |
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Term
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Definition
| ____ are agreements between or among independent nations. Only federal government has the authority to enter into these. |
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Term
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Definition
| ____= law issued by the president of the US |
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Term
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Definition
| ____ law=branch of public law created by administrative agencies in the form of rules, regulations, orders, and decisions to carry out the regulatory powers of those agencies. |
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Term
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Definition
| The ____ is generally who lost in the lower court and is initiating the appeal. The ____ won in the lower and is the party against whom the appeal is taken. |
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Term
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Definition
| ____ law is that branch of substantive which deals with the rights and powers of the government in its political or governing capacity and its relation to individuals or groups. Consits of constituitonal law, administrative law, and criminal law. |
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Term
jurisdiction
structure of government
restrictions |
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Definition
Functions of constitutions:
1. Supreme law of their respective ____
2. Establish the _____ and allocate power among various levels.
3. Impose ___ on the powers of government and enumerate the rights and liberties of the people. |
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Term
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Definition
| ____= the division of governing power between the federal government and the states. |
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Term
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Definition
| Constitution enumerates the powers of the Federal government and reserves to the ____ or the people the powers not specifically delegated to the Federal government. |
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Term
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Definition
| _____ clause of the constitution provides that within its own sphere, federal law is supreme, and any state law that conflicts with it, must yield. |
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Term
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Definition
| Under the Supremacy Clause, whenever congress enacts legislation within its constitutional powers, the federal laws ____,or override, any conflicting state law. |
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Term
Judicial Review
invalidate |
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Definition
| ____= describes the process by which courts examine governmental actions to determine whether they conform to the Constitution. If the government action violates the Constitution, the courts may ___ that action. Applies to legislation, acts of the executive branch, and decisions of inferior courts. |
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Term
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Definition
| Most of the protections provided by the constitution apply only to ____. |
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Term
Federal Commerce Power
Federal Fiscal Power |
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Definition
2 powers of the federal government:
1. ____= the federal government has the elusive power to regulate commerce between the US and foreign nations and among the states.
2. ____=the federal government exerts a dominat influence over the national economy through its control of financial matters. |
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Term
apportioned among the states
must be uniform throughout the US
levy duties on exports from States |
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Definition
| Major limitations on the Fed's power to tax are: (1) direct tax other than income taxes, must be ______ (2) all custom duties and export taxes must be ________ (3) the Fed can't ________ |
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Term
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Definition
| _______=the constitution authorizes the Fed government to pay debts and spend for the common defense and general welfare of the US. |
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Term
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Definition
| The constitution grants congress the power to ______ on the credit of the US and also to _______. These two powers have enabled the Federal government to establish a national banking system, the Federal Reserve System, and it gives the Federal government extremely broad control to control national fiscal and monetary policy. |
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Term
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Definition
| The takings clause of the 5th amendment establishes the federal government's inherent but limited power to take private property for public use with the payment of just compensation. What is this clause giving the Fed power to? |
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Term
Contract Clause (only to state gov)
First Amendment
Due Process
Equal Protection |
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Definition
4 Limitations on government
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Term
Rational relationship test
Intermediate test
strict scrutiny |
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Definition
Supreme court has established levels of scrutiny as follows:
______=this is the lowest level of scrutiny. It requires that the government action bear some rational relationship to a legitimate governmental interset that government action proposes to further.
_____=this is the middle level of scrutiny, under which governmental action must have a substantial relationship to an important governmental objective
____=highest level of review and requires the government action to be necessary to promote a compelling government interest. |
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Term
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Definition
| ________ restricts states from retroactively modifying contracts. The Federal government, through due process limitations, but not the contract clause is restricted from doing so. |
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Term
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Definition
| _____=expression related to the economic interests of the speaker and its audience, such as advertisements for products or services. This is less valuable and less vulnerable than other types of speech, therefore, it receives a lesser degree of protection by the courts. |
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Term
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Definition
| ______= a tort consisting of a false communication that injures a person's reputation. Because defamation involves a communication, it receives protection under the 1st amendment, but what it receives is limited constitutional protection. |
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Term
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Definition
| ____=the person making the defamatory statement knew that it was false, or acted in reckless disregard of its truth or falsity-didn't care if it was false. |
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Term
Substantive Due Process
Procedural Due Process |
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Definition
| 2 types of due process cases: |
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Term
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Definition
| ____= determination of whether a particular governmental action is compatible with constitutional rights or individual liberties. |
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Term
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Definition
| ____=involves a review of whether the governmental decision-making process enforcing substantive laws that have the effect of depriving a person of life, liberty, or property is fair and impartial. |
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Term
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Definition
| ____=generally includes the ability of individuals to engage in freedom of action and choice regarding their personal lives. |
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Term
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Definition
| _____=includes not only all forms of personal and real property, but also certain entitilements such as social security payments, food stamps, welfare benefits. |
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Term
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Definition
| __________=requires that similarily situated persons be treated similarily by governmental actions. |
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Term
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Definition
| _____=individuals look to a central authority or set of rules to guide them in ethical decision making |
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Term
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Definition
| ______= actions must be judged by what individuals subjectively feel is right or wrong for themselves |
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Term
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Definition
| ____=one must judge a person's actions by first putting oneself in the actor's situation |
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Term
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Definition
| ____=moral actions are those that produce the greatest net pleasure compared with net pain |
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Term
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Definition
| ____=assesses each seperate act according to whether it maximizes pleasure over pain |
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Term
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Definition
| ____=supports rules that only balance and produce the greatest pleasure for society |
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Term
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Definition
| ____=quantifies the benefits and costs of alternatives |
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Term
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Definition
| ____=actions must be judged by their motives and means as well as their results |
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Term
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Definition
| ______=focus is on a person's obligations to other members in society and also on the individuals rights and obligations within society |
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Term
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Definition
| ____=believe that society should provide all its members with equal amounts of goods and services regardless of their relative contributions |
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Term
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Definition
| ____=stresses equality of opportunity rather than results |
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Term
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Definition
| ____=stress market outcomes as the basis for distributing society's rewards |
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Term
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Definition
| ____=a rational person possesses inherent power to assess the correctness of actions |
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Term
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Definition
| ____=individuals should seek out and emulate good role models |
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Term
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Definition
| ____=governmental regulation has been necessary because all the conditions for perfect competition have not been satisfied and free competition cannot by itself achieve other societal objectives |
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Term
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Definition
____=vast amounts of wealth and power have become concentrated in a small number of corporations, which are in turn controlled by a small group of corporate officers
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