Chapter 1 Jurisprudence Flashcards

1
Q

What does Juris Prudentia mean?

A

The study, knowledge, or science of law

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2
Q

What are the components of legal philosophy?

A

1) a way to classify bodies of law
2) analysis and explanation of sets of law
3) deals with the search to find an answer for how the law is decided by a judge and how consistent it is with other decisions.

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3
Q

What are ways to classify bodies of law

A

Contract, tort, real estate, personal property, intellectual property, consumer protection, constitution, military

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4
Q

What are the roles of laws?

A

Attorneys, judges, search for moral foundation of law

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5
Q

What are the foundations of law?

A

Intended to reflect and enforce the moral and ethical standard of a civilized society.

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6
Q

What is morality?

A

Dealing with what is right and what is wrong. Stems from an individuals conscience and the values given from religion, political.
Morality is one way for a community to define appropriate activity

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7
Q

What is ethics?

A

Figuring out what is right and wrong in any given scenario or situation. Duties in which to follow.

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8
Q

What the difference between morality and ethics?

A

Morality is a foundation and ultimate aim for society.

Ethics is a practical way of discovering how to implement and preserve moral standards.

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9
Q

What are procedural laws?

A

Rules that enforce substantive laws

Steps to enforce one’s rights and duties

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10
Q

What are substantive laws?

A

Laws that set forth the rights and duties of American citizens.

Individual rights to which a person is privileged and the duties for which a person is held responsible.

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11
Q

What do substantive and procedural laws do?

A
Establish justice
insure domestic tranquility
provide for common defense
promote general welfare
secure the blessings of liberty
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12
Q

What is a plaintiff?

A

Person that is bearing a lawsuit against another

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13
Q

Defendent

A

Person being sued

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14
Q

What us service of process?

A

Procedure by which a party to a lawsuit gives an appropriate notice of initial legal action to another party in an effort to exercise jurisdiction over that person so as to force that person to respond to the processing before the court, body or tribunal.

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15
Q

What is jurisdiction

A

The power of a court to hear a case.

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16
Q

What is venue?

A

Place that is heard

17
Q

How many federal Supreme Court judges?

A

9

8 and 1 chief justice

18
Q

How many Kentucky Supreme court justices?

A

7

6 and 1 chief justice

19
Q

What Federal court limited jurisdiction

A
Federal law in question
Government actor involved (state and fed)
Diversity of citizenship jurisdiction (state and fed)
   Parties = different states
And
\$\$>75,000 (federal)
\$\$<75, 00 (state court)
Same state...any \$\$$ state court

Certain subject matter (exclusive to federal court)