ch 9 (vb) Flashcards

1
Q

appellate jurisdiction

A

A higher court’s authority to review the record from a trial court

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2
Q

civil law

A

The branch of law that typically deals with relations among private individuals and groups

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3
Q

civil law system

A

System of law based on the proposition that law is a codified, constructed entity that a legislature or some other lawmaking political body has constructed.

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4
Q

common law system

A

Law system characterized by the strong role of the judge in cases and the importance of precedent

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5
Q

criminal law

A

The branch of law that concerns relationships involving the government and its relationship with individuals and organizations

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6
Q

dispute resolution

A

The role of courts to peacefully settle disputes and keep order in society

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7
Q

federal law

A

The law of the national government

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8
Q

going rate

A

When judges, through past sentencing, set the context for plea bargaining, as defense attorneys and prosecutors negotiate about what the appropriate penalty should be for an offense for which a plaintiff pleads guilty

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9
Q

injunctive power

A

The power of courts to stop governments, individuals, or groups from acting

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10
Q

inquisitional systems

A

In a civil law system, a prolonged pretrial investigative process

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11
Q

judicial review

A

The power to declare laws and government acts to be in violation of the nation’s constitution or in some other way illegal under the structure of the country

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12
Q

jurispendence

A

A philosophy of law

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13
Q

law in action

A

How laws are applied and enforced in the real world

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14
Q

law in books

A

The laws as they are written

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15
Q

legal system

A

A social construction built upon a basic conceptualization of how the law is created and how it functions

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16
Q

natural law

A

A type of jurisprudence that presumes that there is some higher law, which originates with God or nature, and that this higher law is discoverable by the use of reason

17
Q

original jurisdiction

A

A court’s authority to be the first tribunal to hear a case

18
Q

positivist jurisprudence

A

A type of jurisprudence that views law as simply the command or will of the recognized sovereign authority of the state

19
Q

private law

A

Law that is concerned with the relations among private individuals and private organizations

20
Q

public law

A

law that concerns relationships involving the government and its relationship with individuals and organizations

21
Q

sharia

A

the system of Islamic law-religious law

22
Q

state law

A

The law of the states and their localities

23
Q

statutory interpretation

A

When courts must interpret what a law precisely means to maintain specificity