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General Law
Introduction to Law
40
Law
Undergraduate 1
08/01/2010

Additional Law Flashcards

 


 

Cards

Term
Legal history is closely related to
Definition
the development of civilization.
Term
Ancient systems:
Definition

1. Code of Hammurabi.

2. Jewish law.

3. Islamic law.

4. Civil law.

Term
Around the year____ BC, King Hammurabi of Babylonia developed a system of______ _______ and_______it in stone. This became the very first______ of ______, or statutes.
Definition
1760; codifiying law; inscribing; Code, law;
Term
______ ____ : Araound the year _____ B.C., in the Middle______ , the_____ , or  Jewish law  was developed. It was based on a ____ ____ of_______.
Definition
Jewish law; 1280; east; Torah; moral code behavior.
Term
______ Empire law: Developed during the_____ of the_____ Empire and drawn heavily from _____ _____. ______ law was mostly_______ and did not preserve ______ _______. Therefore each case was decided___.
Definition
Roman; height, Roman; Greek law; Roman; procedural; case precedents; anew.
Term
______ law: Developed  from the __ _______A.D. through the ______ ______, in the Middle East. A major system that developed many important legal institutions such as _____ _____ and ______.
Definition
Islamic; 8th Century; Middle Ages; legal analysis, analogy.
Term
Modern systems
Definition

1. Civil law.

2. Common law.

Term
Also known as Roman Law
Definition
Civil law
Term
This system is the most widely used in the world.
Definition
Civil law.
Term
Most Latin American and European countries use this system.
Definition
Civil law
Term
Civil law: The courts are driven by the _____, not _____, and _______ are based on ______ _____, not _______ law or ______.
Definition
judge; attorneys; decisions; statutory law; case, precedent.
Term
Also known as English law.
Definition
Common law
Term
_____ _____: is prevalent in England, the United States, ad those countries with ties to England, such as Canada, Australia and Hong Kong.
Definition
Common law
Term
Common law: this system is ______ with _____ and ______ arguing their issue to the Court. 
Definition
adversarial; plaintiff; defendant.
Term
Common law: Decisions are based on ____ ____ and ______, as well as _______ and other _____.
Definition
case law; precedent; statutes; laws.
Term
Substantive law is the outline of _____ and _____ between the _____ and its _____ and between ______.
Definition
rights; responsibilities; state; citizens; individuals.
Term
Substantive law
Definition
is the outline of rights and responsibilities between the state and its citizens and between individuals.
Term
Example of substantive law would be: Criminal statutes such as _____, _____, _____, and Civil statutes such as _____ of _____, _____ death, and _____.
Definition
Murder, Arson, Assault; Breach of Contract, Wrongful death, and Slander.
Term
Procedural law
Definition
is the law designed to carry out substantive rights and responsibilities.
Term
Procedural law: is the law designed to ______ out ______ _____ and _______.
Definition
carry; substantive rights; responsibilities.
Term
Examples of procedural law are: The Florida _____ of Civil ______, The Florida _____ of ______ Procedure, The Florida _____ of _____.
Definition
Rules, Procedure; Rules, Criminal; Rules, Evidence.
Term
The Florida rules of Civil Procedure, The Florida Rules of Criminal Procedure, The Florida rules of Evidence are  examples of
Definition
Procedural law
Term
Where do I file Divorce?
Definition
11th Judicial Circuit Miami-Dade; Family Division.
Term
Where do I file Traffic Tickets?
Definition
County Court; Traffic Division.
Term
Where do I file Bankruptcy?
Definition
U.S. District Court So. Dist of Fl; Bankruptcy Division.
Term
Where do I file Drug Offenders?
Definition

11th. Judicial Circuit Miami-Date; Criminal Div. (State Cases)

 

U.S. District Court So. Dist. Fl; Criminal Division (Federal Cases)

Term
Where do I file Immigration?
Definition
Miami Immigration Court/ Homeland Security.
Term
Where do I file Foreclosure?
Definition
11th. Judicial Circuit Miami-Dade; Civil Division
Term

COURT SYSTEMS

Federal

Definition

a. Trial Level     US District Court   1 judge

 

b. Appellate Level  US Circuit Court    3 or more

 

c. Highest Level   US Supreme Court    9 judges

Term

COURT SYSTEMS

State

Definition

a. Trial           Level Circuit Court      1 judge

 

b. Appellate         Level District Court      3 or more

 

c. Highest Level      FL Supreme Court     7 judges

Term

COURT SYSTEMS

Names of Local Courts

Definition

a. Trial Level     11th Judicial Circuit Miami-Dade Cty

 

b. Appellate Level         3rd District Court of Appeals

 

c. Highest Level                         FL Supreme Court

Term
Due Process: The government shall ____ to___ ____. The government shall not _____a person of _____, ______ or ___ ____ ___ ____ (LLP), without ____ ________ of the law.
Definition
strive, be fair;deprive;life, liberty;the pursuit of happiness; due process.
Term

The following rights are guaranteed to Americans, and are considered to be "due process" rights:

  • Trial
  • To be present
  • Jury
  • Testify
  • Laws must be written...
  • Taxes
Definition
  • Right to a fair, public, and open trial conducted in a competent manner
  • Right o f the defendant to be present at the trial and confront his accusers
  • Right to an impartial jury of ones peers
  • Right to testify in one's own defense
  • Laws must be written so that a reasonable person can understand what is criminal behavior
  • Taxes may only be taken for public purposes

 

Term

The following rights are guaranteed to Americans, and are consideres to be "due process" rights:

  • Property
  • Owners of taken property
  • Incriminate
  • noticed
Definition
  • Property may be taken by the government only for public purposes
  • Owners of taken property must be fairly compensated
  • The right to not incriminate oneself.
  • The right to be noticed when litigación is commenced in an action that affects ones rights
Term
CONSTITUTION AL LAW: An area of law that deals with our _____ ______ and ________.
Definition
constitucional rights; responsibilities
Term
The Due Process Clause prohibits _____ and ______  from _______ people of life, liberty, or property without _____ ______ being taken. This clause has been used to make most of the ____ __ _____ applicable to the states, as well as to recognize __________rights and ________ rights. 
Definition
state and local governments; depriving; certain steps;Bill of Rights; substantive; procedural.
Term
An area of law that deals with our constitutional rights and responsibilities.
Definition
Constitutional law
Term
The Supreme Court has invariably held that when our _______ guaranteed rights are _____ or _____ by a State law, statute or ordinance, there can be no _______ _______ and the law must be ______ _______ to achieve the government's aims, while ________ our rights in the greates possible way.
Definition
constitutionally; limited; altered; unnecessary restriction; narrowly tailored; safeguarding.
Term
First Amendment rights includes
Definition
freedom of speech
Term
Fourteenth amendment includes
Definition
Equal Protection under the law...and the famous Due Process Clause
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