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Pyramiding Crude Oil In Angola > A Chapter 1 > Flashcards

A Chapter 1 Flashcards

1
Q

Law

A

A body and system of:

enforceable rules
regulations
codes
decisions
traditions

Which govern the relationships among and between
Individuals
Organizations

And other entities and their society

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2
Q

US law is primarily based on

A

Primary and secondary sources of law

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3
Q

Primary sources of law

A

Documents establishing he law on an issue:

Constitution
Statute
Administrative Rule
Court Decision

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4
Q

Secondary sources of law

A

Publications summarizing or interpreting the law

Law Encyclopedia
Legal Treatise
Law Review Article

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5
Q

What is the Constitution?

A

Sets forth fundamental rights of those living in a given country or state, describing the empowering of various branches of government and establishing limits on those powers

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6
Q

What are Statutes and Ordinances

A

Enacted by the legislature and set by each state or entity as it sees fit

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7
Q

What are the Administrative rules and regulations

A

Rules set by federal, state, and local regulatory agencies.

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8
Q

Abbreviation and purpose of FDA

A

Food and Drug Administration

Food and drug safety use

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9
Q

Abbreviation and purpose of SEC

A

Lmfao like for real bro?

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10
Q

Abbreviation and purpose of FCC

A

Lolol Ajit Pai is my hero.

Federal Communications Commission

Broadcast and communication activities

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11
Q

Abbreviation and purpose of SSA

A

Social Security and other benefits

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12
Q

What is Common Law

A

Evolving tradition based on past court decisions and relationships between people and entities not covered by any of the above

TLDR: Tradition

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13
Q

Stare Decisis

A

The doctrine (a belief or set of beliefs held and taught by a church, political party, or any other group) that judges should follow established precedent within a particular jurisdiction.

The idea is to respect previous laws and enable a controlled evolution and application of the law to present and changing times.

TLDR: Respect the pass

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14
Q

Precedent

A

Authority given to previous judicial decisions by judges subsequent (means after) and current disputes involving the same or similar facts and jurisdiction law

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15
Q

Binding Precedent

A

Must be followed. Such as:

Constitutional Provisions
Statues
Treaties
Regulations
Ordinances
Previous Court Decisions (in the same state also have binding precedent)

TLDR: Must Respect

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16
Q

Persuasive Precedent

A

It may be followed or used as guidance in making a decision. This includes primary and secondary sources of law and other state case laws.

TLDR: Acknowledge

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17
Q

What is the Law

A

Law is based on enforcing regulations, punishments, and remedies designed to provide valuable compensation, often money, to wronged parties.

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18
Q

What is Equity

A

Equity is based on empowering non-monetary (2nd word means money/currency) relief with fairness as the goal. A court would order that something is done or not done.

TLDR: Legal Fairness

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19
Q

What is Remedy

A

A remedy is the means given to a party to enforce a right or compensate for another’s violation of a right

TLDR: Solution to a problem

20
Q

Jurisprudence

A

The science and study of the law on how it is created and applied.

TLDR: The signs of law

21
Q

Natural Law Theory

A

A legitimate system of universal moral and ethical principles inherent in human nature that can be discovered by using one’s natural intelligence.

E.g. murdering is a big no-no. LMFAO.

TLDR: Doesn’t care about reason, common shit you should know.

22
Q

Legal Positivism

A

There is no higher law than that created by legitimate governments and those laws must be obeyed, even if one personally feels that they appear unjust or are at odds with natural law.

The issue here is that we all know legislatures and politicians are moral geniuses free of error, right?

TLDR: Law from Politicians

23
Q

Historical School

A

Law is an evolutionary process which adapts and grows through the test of time. While good at many levels, the question is how do you prevent this from allowing people to do whatever they want now and argue that it is “progress”?

TLDR: It’s an evolutionary process. Law changes with society

24
Q

Legal Realism

A

Law cannot be applied in the abstract but must be decided in the context of the particular social and economic circumstances at the present time. This view holds that one must consider the surrounding environment before deciding on the legality of something. ( man steals an apple to feed his starving kid vs. to throw at a cop). Some argue this is a bit subjective and blurred thus open to corruption etc.

TLDR: Tell us why you stole the apple

25
Q

Sociological School

A

Law should be used as a tool for social change and justice (end slavery, give women the vote etc) Only problem is who defines social justice and how far do we go on this?

26
Q

Substantive Law

A

Law about content; define, describe, regulate and create legal rights and duties

27
Q

Procedural Law

A

Process; establish and regulate the way rights are enforced by substantive law

28
Q

Civil Law

A

Defines and enforces the duties or obligations of persons or parties to one another.

29
Q

Criminal Law

A

Defines and enforces the obligations of persons to society as a whole.

30
Q

Cyber Law

A

The growing body of law which deals specifically with the issues raised by internet transactions.

31
Q

Common Law

A

Law is developed through case law decisions. USA and brit

32
Q

Civil Law

A

Law is developed through statutory, or codified law. Prior judicial decisions are not binding. Mexico and French Fry

33
Q

Judgment

A

The court’s disposition of an action.

34
Q

Opinion

A

The court’s reasons for its judgment.

35
Q

Unanimous Opinion

A

An opinion joined by all of the judges who heard a case.

36
Q

Per Curiam Opinion

A

A unanimous opinion that does not indicate which judge wrote it.

37
Q

Majority Opinion

A

An opinion joined by the majority (but not all) of the judges who heard a case.

38
Q

Plurality Opinion

A

An opinion joined by the largest number (but less than a majority) of the judges who heard a case.

39
Q

Concurring Opinion

A

An opinion by one or more judges who agree with the majority’s judgment, but not necessarily with its reasoning.

40
Q

Dissenting Opinion

A

An opinion by one or more judges who disagree with the judgment of the majority.

41
Q

Citation

A

Legal address, crediting or referring to

42
Q

Facts

A

What Happened

43
Q

Issue

A

Relevant legal concept involved

44
Q

Decision

A

What did the court decide

45
Q

Reason

A

Why the court decided that way

Pyramiding Crude Oil In Angola (16 decks)

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