Term
| Sources of law in this country |
|
Definition
| U.S. Constitution, state constitutions, fed and state statutes, ordinances, admin agency rules and regulations, exec. orders, and judicial decisions by fed and state courts |
|
|
Term
|
Definition
| a body of rules of actio or conduct prescribed by controlling authority, and having binding legal force. That which must be obeyed and followed by citizens subject to sanctions or legal consequences. |
|
|
Term
|
Definition
| keeping the peace, shaping moral standards, promoting social justice, maintainging the status quo, facilitating orderly change, facilitating planning, providing a basis for compromise, maximizing indivudual freedom |
|
|
Term
| One of the main attributes of law is..Example |
|
Definition
| Flexibility. Brown v. Board of Education because it overturned the seperate but equal doctrine |
|
|
Term
|
Definition
| Standefer v. US- the SC affirmed the criminal conviction of a Gulf Oil Cororation executive for aiding and abetting the bribery of an Internal Revenue Service agent. The agent had been acquitted in a separate trial. |
|
|
Term
| Explain Ashcroft, Attorney General vs. The Free Speech Coalition |
|
Definition
| In 1996 Congress enacted the Child Pornography Prevention Act (CPPA) that prohibits any visual depiction incuding any photograph, film, video, picture, or computer generated image or picture that is or appears to be of a minor engaging in sexually explicit conduct. First time offender - 15 years. Second time offender-up to 30 years. The Free Speech Coalition sued US saying that this violated their freedom of speech and decided that it indeed did violate their freedom of speech. |
|
|
Term
|
Definition
| gave women right to have an abortion |
|
|
Term
|
Definition
| the philosophy or science of law |
|
|
Term
| Name the 7 schools of law |
|
Definition
natural law school, historical school, analytical school, sociological school, command school, critical legal studies school, and law and economics school
|
|
|
Term
|
Definition
| Law is based on what is correct. It emphasizes a moral theory of law -- that is, law should be based on morality and ethics. |
|
|
Term
| Documents reflecting Natural Law School Theory |
|
Definition
| U.S. Constitution, magna carta, united nations charter |
|
|
Term
|
Definition
| believes that law is an aggregate of social traditions and customs-- law is an evolutionary process |
|
|
Term
|
Definition
| Law is shaped by logic/ the emphasis is on the logic of the result rather than on how the result is reached |
|
|
Term
|
Definition
| Realists/ law is a means of achieving and advancing certain sociological goals/ purpose of law is to shape social behavior |
|
|
Term
|
Definition
| law is a set of rules developed, communicated, and enforced by the ruling party-- changes when ruling class changes |
|
|
Term
| Critical Legal Studies School |
|
Definition
| legal rules are unnecessary and legal disputes should be solved by applying arbitrary rules based on fairness |
|
|
Term
|
Definition
| believes that promoting market efficiency should be the central concern of legal decision making |
|
|
Term
|
Definition
| law developed by judges who issed their opinions whne deciding a case...precedents for later judges deciding similiar cases |
|
|
Term
| English common law is divided into cases decided by what three courts |
|
Definition
| law courts, equity courts, and merchant courts |
|
|
Term
|
Definition
| emphasized form over substance and only relief available was a monetary award for damages |
|
|
Term
| Court of Chancery (equity court) |
|
Definition
| inquired into the merits of the case rather than legal procedures...based on fairness..court of chancery took precedence over the legal decisions and remedies of the law courts |
|
|
Term
|
Definition
| seperate court established to administer the law of merchants |
|
|
Term
| what does louisiana base its law on |
|
Definition
|
|
Term
| Romana-Germanic civil law system |
|
Definition
| commonly called the civil law |
|
|
Term
|
Definition
| supreme law of the land...living document bc so adaptable |
|
|
Term
| US Constitution created three branches of gov and gave them what powers |
|
Definition
legislative(Congress)-power to enact law
executive(president)-power to enforce law
judicial(courts)-power to interpret and determine the validity of the law |
|
|
Term
|
Definition
| compact made bt two or more nations...president enters them with advice and consent of the Senate...become supreme law of the land |
|
|
Term
|
Definition
| written law enacted by legislature brand of fed and state that establishes certain courses of conduct taht must be adhered to by covered parties |
|
|
Term
| Federal Statutes include what? |
|
Definition
| Regulates foreign and interstate commerce..antitrust laws, securities laws, bankruptcy laws, labor laws, equal employment opportunity laws, environmental protection laws, consumer protection laws... |
|
|
Term
|
Definition
| corporation laws, partnership laws, workers compensation laws, uniform commercial code |
|
|
Term
|
Definition
| enacted by local government such as traffic laws, local building codes, zoning laws.. |
|
|
Term
|
Definition
|
|
Term
| Grutter v. Bollinger and the University of Michigan Law School |
|
Definition
| Grutter is a Caucasian law student who applied to the law school of the University of Michigan in 1996 with a 3.8 undergrad GPA and LSAT score of 161 and was rejected. Law school used race as one of the factors in considering applicants for admission to law school...race gave you a plus factor. Grutter claimed this violated the Equal Protection Clause of the 14th Amendment to the US Constitution. The DC held that it did violate the EPC. It was appealed. It decided that the University was narrowly tailored and in the end the SC held that the Law school's admissions policy did not violate the EPC of the 14th amendment of the US Constitution. |
|
|
Term
| Gratz V. Bollinger and the regents of the University of Michigan |
|
Definition
| not narrowly tailored because of the point system |
|
|
Term
|
Definition
| the process of specifying the issue presented by a case, identifying the key facts in the case and applicable law, and then applying the law to the facts to come to a conclusion that answers the issue presented |
|
|
Term
|
Definition
| party who originally brought the lawsuit |
|
|
Term
|
Definition
| party against whom the lawsuit has been brought |
|
|
Term
|
Definition
| FEDERAL: party who has appealed the decision of the trial court or lower court |
|
|
Term
|
Definition
| STATE: the party who has appealed the decision of the trial court or lower court |
|
|
Term
|
Definition
| FEDERAL: the party who must answer the petitioner's appeal |
|
|
Term
|
Definition
| STATE: party who must answer the petitioner's appeal |
|
|
Term
| law is split into two categories |
|
Definition
|
|
Term
|
Definition
| constitutional law, criminal law, and administrative law |
|
|
Term
|
Definition
| Individuals acting on individuals...torts, contract, and property...usually suing, money.. |
|
|
Term
|
Definition
| basis of law that protects you |
|
|
Term
|
Definition
| 2 per state...confirmatory body- line share of important decision making so every state has an equal chance |
|
|
Term
|
Definition
|
|
Term
| What do you need to override the President? |
|
Definition
|
|
Term
| Who determines whether or not bill is actually passed? |
|
Definition
|
|
Term
| How many levels does the Judicial Branch consist of? |
|
Definition
| 3- district, intermediate appellate, and Supreme Court |
|
|
Term
| Difference in judge and justice |
|
Definition
| judge is elected. justice is appointed by the president with the advice and consent of the senate. Judge serves a term A justice is appoitned for life. There are 9 justices..odd so that a tie is not easy. |
|
|
Term
|
Definition
| state reps person and society as a whole |
|
|
Term
|
Definition
| Green Back Poltus...has to do with monetary matters |
|
|
Term
| Difference in statute and ordinance |
|
Definition
statute: federal law
ordinance: state law |
|
|
Term
|
Definition
1933/34 Securities Act-Created SEC(Securities and Exchange Comission): Congress creates a law and gives and administrative law agency to govern it
has own court system
4th branch of government |
|
|
Term
|
Definition
civil wrong as opposed to criminal wrong or breach of contract
intentional tort, negligence tort, and strict liability |
|
|
Term
| In negligence tort what must you prove? |
|
Definition
1. D owes P a legal duty
2. D breached the duty
3. Injury to P
4. Causation of Fact
5. Proximate Cause |
|
|
Term
|
Definition
1. Abnormally Dangerous Activities
2. Products Liability |
|
|
Term
|
Definition
| agreement that is legally enforceable |
|
|
Term
5 requirements for a valid contract
|
|
Definition
1. offer
2. acceptance
3. capacity: Both parties have legal capicity to enter into a contract
4. consideration: thing of value received for making promise
5. lawful purpose: can't be illegal |
|
|
Term
| How many states go by common law? |
|
Definition
| 49/50...Louisiana goes by civil law |
|
|
Term
| A criminal case seeks? A civil case seeks? |
|
Definition
|
|
Term
|
Definition
| order from court directed towards someone to stop something |
|
|
Term
|
Definition
|
|
