Chapter 1 Flashcards

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1
Q

What is law?

A

All the rules of conduct established by the authority or custom of a nation. A system of rules that govern society .

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2
Q

What is common law?

A

Judge-made law; precedent; discovered law

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3
Q

In common law, a court may do three things. What are they?

A
  1. Modify the precedent
  2. Distinguish the precedent
  3. Overrule the precedent
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4
Q

What is the law of equity?

A

○ Judge-made law focused on outcomes that are fair or equitable
○ Judge has more flexibility, and the judge can take preventative measures, like prior restraint

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5
Q

What is statutory law?

A

1) Law made by legislative bodies.

2) Deal with broad issues

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6
Q

What is administrative law?

A

Rules, regulations and guidelines promulgated by duly established administrative agencies

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7
Q

What is constitutional law?

A

○ The constitutions of the 50 states, the territories, local charters and the U.S. Constitution
○ People who have reference for the Constitution believe in higher law. Everyone believes in a higher law. For instance: people of faith believe in God, or, people who don’t have faith still believe in right and wrong

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8
Q

What is international law?

A

Treaties and other covenants

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9
Q

What are the rights of the Bill of Rights?

A

Freedom of speech, press, religion, assembly, petition

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10
Q

What are the values of the Bill of Rights?

A
  • It protects an extension of the thought process
  • It adds stability to society
  • It allows fuller participation in government
  • It encourages the search for truth and knowledge
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11
Q

What happened after the American Revolution?

A

The Articles of Confederation were adopted.

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12
Q

What does the most powerful common law principle Stare Decisis mean?

A

Once established, a legal decision should not be easily changed.

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