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US Judicial Process > #1 > Flashcards

#1 Flashcards

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1
Q

Standard created the first time a certain type of case makes it to court

A

Precedent

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2
Q

Latin for already been decided

A

Stare Decisis

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3
Q

First Principle of Law

A

Official authority creates law

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4
Q

Second Principle of Law

A

Authority can enforce laws

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5
Q

Third Principle of Law

A

Regularity in the law-precedent

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6
Q

First Positive Function of Law

A

Provide Order and Predictability in Society

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7
Q

Second Positive Function of Law

A

Resolving Disputes

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8
Q

Third Positive Function of Law

A

Protecting Individuals and Property

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9
Q

Fourth Positive Function of Law

A

Providing for the General Welfare

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10
Q

Fifth Positive Function of Law

A

Protecting Individual Liberties

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11
Q

Multiple Sources of Law

A

Constitution, Statutes, Rules/Regulations, and Executive Orders

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12
Q

What your rights are

A

Substantive

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13
Q

How rights are enforced

A

Procedural

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14
Q

Cases that always involves the government as a party

A

Public Law

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15
Q

Examples of public cases

A

Criminal, environmental, and tax laws

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16
Q

Cases where the government is not a party

A

Private Law

17
Q

Functions of the legal systems

A

Maintain order, physical safety, resolves disputes, provides common welfare, protect civil rights

18
Q

Civil Lawsuits

A

Litigation

19
Q

Have enough evidence to convict a person but the jury thinks conviction would be unfair

A

Nullification

20
Q

Chief Justice of the Supreme Court who can up with majority opinion

A

John Marshall

21
Q

Blank becomes precedent

A

Majority Opinion

22
Q

Agrees with precedent but for different reason

A

Concurring Opinion

23
Q

Determining if something is constitutional or not

A

Judicial Review

24
Q

To remove oneself from a case because of biased

A

Recuse

25
Q

Applying to appeal a case to the Supreme Court

A

Writ of Certiorari

26
Q

Limitation on the Supreme Court

A

Case must be brought to them

27
Q

Blank will assign someone to write the majority opinion

A

Chief Justice or most senior member in the Majority

US Judicial Process (1 decks)

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