Term
| Examples of primary sources of law |
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Definition
US/State Constitutions
statutory, case, common law
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Term
| examples of secondary sources |
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Definition
| legal encyclopedias, legal treaties & reviews |
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Term
| what is supreme law of land? |
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Definition
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Term
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Definition
| all powers not granted to fed. gov't are reserved for states |
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Term
| state constitutions are supreme w/in states unless...? |
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Definition
| it conflicts w/ US Constitution or fed. law |
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Term
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Definition
| created by legislative bodies (Congress) |
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Definition
| created by administrations (ex. FDA) |
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Term
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Definition
| states may adopt or reject |
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Term
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Definition
| accepted by all 50 states |
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Term
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Definition
judge- made law
interprets a specific law |
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Definition
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Term
| courts of law/remedies of law |
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Definition
| limited to awarding payments of $$ or property |
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Term
| courts of equity/remedies of equity |
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Definition
| orders a specific performance |
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Term
| doctrine of stare decisis |
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Definition
| when an issue has previously been brought to the court |
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Term
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Definition
| defines and describes and creates rights (21up can drink) |
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Definition
| rules for enforcing rights. makes weak cases stronger |
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Term
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Definition
b/w people & gov't
$ is involved
no prison time involved
not guilt but liability
plaintiff and defend. |
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Term
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Definition
b/w individuals and society
prescribes punishments
gov't vs defendant
concerned w/ guilt |
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Term
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Definition
| party who initiates proceedings |
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Definition
| one accused of wronging plaintiff |
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Term
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Definition
| party appealling a case to higher court |
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Term
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Definition
| party against whom an appeal is taken |
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Term
| where to find primary sources of law? |
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Definition
US states code
state/ fed. decisions |
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