Term
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Definition
Constitution
Legislative Bodies
Executive Orders
Common Law
Administrative Agencies and Federal Departments |
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Term
| Administrative Agencies v. Federal Departments |
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Definition
Administrative Agencies are part of the executive branch. They aid congress. President cannot influence them.
Federal Departments are part of the president's cabinet. |
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Term
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Definition
Persuasive: Adopting someone else's decision when you are not obligated to follow it.
Binding: When you have to follow the precedent because it is established in your jurisdiction. |
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Term
| Common Law v. Civil Legal Law System |
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Definition
Common Law combines legislative law and court made law.
Civil Law - No court made law. Legislative law only. |
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Term
| Subject Matter Jurisdiction |
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Definition
Federal: Federal constitution and federal issues.
State: State constitutions. |
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Term
Jurisdiction in State Courts?
Federal Courts?
How are they divided? |
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Definition
State courts are divided into 50 states.
Federal courts are divided into 13 federal circuits. |
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Term
| Criminal Law v. Civil Law |
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Definition
Criminal - State brings charges
Civil - Plaintiff (person or company brings charges). Only penalty is money (not jail time). |
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Term
| Point of Entry for Cases in the Legal System |
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Definition
District Court
Court of Appeals
Supreme Court |
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Term
| District Court v. Appellate Courts |
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Definition
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Term
Plaintiff/Defendant
Appellee/Appellant
Petitioner/Respondent |
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Definition
The person who files a claim/the person getting sued
The respondent to a case who won in a lower court/the person who lost in the lower court
The person who files the appeal/the person responding to the appeal |
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Term
| Doctrine of Respondeat Superior |
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Definition
| You are responsible for your subordinates (i.e., if somebody does something wrong you can sue them and their company). |
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Term
| Significance of Judicial Review |
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Definition
| In the US, any court can overturn a law if they find it to be unconstitutional (even a district court). |
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