Term
|
Definition
| the study of law and legal philosophy |
|
|
Term
|
Definition
| a legal philosophy whose proponents think there are ideal laws that can be discovered through careful thought and the ability of sensing right/wrong |
|
|
Term
|
Definition
| a legal theory whose proponents believe that the validity of a law is determined by the process through which it is made rather the degreee which it refelcts natural laww |
|
|
Term
|
Definition
| a legal theory that views the law as a complete and autonomous system of logically consistent principles |
|
|
Term
|
Definition
| a legal philosophy whose proponents think that judges decide cases on factors other than logic and pre-exisiting rules |
|
|
Term
|
Definition
| Focuses on the various ways in which the received tradition in law adversely affects people of color not as individuals but as a group; |
|
|
Term
|
Definition
| A body of principles and rules either explicitly stated in, or inferred from, the U.S. Constitution and those of the individual states. |
|
|
Term
|
Definition
| a system of government in which the authority to govern is split between a single, nationwide central government and several regional governments. |
|
|
Term
|
Definition
| division among governmental branches so that each branch acts as a check on the power of the other two. |
|
|
Term
|
Definition
| a law enacted by a state legislature or congress |
|
|
Term
|
Definition
| rules and regulations created by administrative agencies. |
|
|
Term
|
Definition
| a statute establishing and setting out the powers of an administrative agency. |
|
|
Term
|
Definition
| law created by the courts |
|
|
Term
|
Definition
Court made or common law
Enacted Law |
|
|
Term
|
Definition
| a law enacted by a local government; a subcategory of statutory law. |
|
|
Term
|
Definition
| a law promulgated by an administrative agency |
|
|
Term
|
Definition
| the doctrine that normally once a court has decided an issue, other courts in the same jurisdiction will did the same way |
|
|
Term
|
Definition
| power is held at the national level, with very little power being held in political subdivisions, such as provinces, counties or towns |
|
|
Term
|
Definition
| unions of equal states, with some power being held at the national level. |
|
|
Term
|
Definition
reserved specifically for the states or are of a traditionally state scope.
Ex. Police powers |
|
|
Term
|
Definition
also know as express, enumerated, implied, delegated, and inherent powers are those specifically listed in Article 1, Section 8.
Ex. such as the power to coin money, to raise an army and navy, to provide for patent and copyright protections, to establish a post office, |
|
|
Term
|
Definition
powers held by some extent by both the federal and state governments.
Ex. tax powers, ability to construct roads, spending |
|
|
Term
|
Definition
| The power of the federal government to prevent the states from passing conflicting laws, and sometimes even to prohibit states from passing any laws on a particular subject. |
|
|
Term
|
Definition
| law that deals with harm to an individual |
|
|
Term
|
Definition
| Agreements supported by consideration that is enforeable by courts |
|
|
Term
|
Definition
|
|
Term
|
Definition
| Torts, Intentional tort, Negligence, Strict Liabbility |
|
|
Term
| Beyond a reasonable doubt |
|
Definition
Standard of proof in criminal cases.
The evidence presented must be so conclusive and complete that there are no reasonable doubts regarding the guilt of the accused. |
|
|
Term
| Preponderance of Evidence |
|
Definition
standard of proof in CIVIL trials.
The evidence presented must prove that it is more likely than not the defendant committed the wrongful act. |
|
|
Term
|
Definition
standard of proof in civil trials.
The evidence presented must be greater than a preponderance of the evidence but less than beyond a reasonable doubt. |
|
|
Term
|
Definition
| money awarded to a plaintiff in payment for his/her loss |
|
|
Term
|
Definition
| money awarded to a plaintiff in cases of intentional torts in order to punish the defendant and serve as a warning to others. |
|
|
Term
|
Definition
| a token sum awarded when liability has been found but monetary damages cannot be shown. |
|
|
Term
|
Definition
| law that deals with harm to society as a whole |
|
|
Term
|
Definition
1). Crimes against persons (homicide, kidnapping, sex offenc)
2). Crimes against property (theft, buglary)
3). Crimes against public health (drug, bribery, gambling,)
4). Crimes against the government (treason and misconduct) |
|
|
Term
|
Definition
| a serious crime, usually carrying a prison scentence of one or more years. |
|
|
Term
|
Definition
| minor crime not amounting to a felony, usually punishable by a fine or jail scentence less than a year |
|
|
Term
|
Definition
| What the prosecution or plaintiff must be able to prove in order for the case to go to the jury |
|
|
Term
|
Definition
|
|
Term
|
Definition
|
|
Term
|
Definition
| law that creates rights and duties |
|
|
Term
|
Definition
| law that regulates how the legal system operates (process) |
|
|
